The relationship between the ethical standards for the governance of clinical trials and market forces can be complex and problematic. This article uses India as a case study to explore this nexus. From the mid-2000s, India became a popular destination for foreign-sponsored clinical trials. The Indian government had sought to both attract clinical trials and ensure these would be run in line with internationally accepted ethical norms. Reports of controversial medical research, however, triggered debate about the robustness and suitability (...) of India's regulatory system. In response to civil society pressure and interventions by the Supreme Court, the Indian government proposed additional measures aimed at strengthening protections for clinical trial participants. Whilst the reforms can be seen as a victory for human rights activists, they have also been criticised as being overly burdensome for sponsors. Indeed, their announcement prompted an exodus of clinical trials from India. Fearful of losing business to ‘rival’ countries, the Indian government is revisiting some of its proposals. The Indian example suggests that research ethics frameworks and national policies for economic development are increasingly intertwined. Host countries are in theory free to improve the lot of research participants, but doing so may make them appear less attractive to foreign sponsors, who can simply shift their activities to more industry-friendly jurisdictions. Although these economic pressures are unlikely to lead to a regulatory ‘race to the bottom’, they may limit host countries' ability to enact socially desirable reforms. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:American Journal of Philology 126.1 (2005) 138-142 [Access article in PDF] Kathy L. Gaca. The Making of Fornication: Eros, Ethics, and Political Reformin Greek Philosophy and Early Christianity. Hellenistic Culture and Society 40. Berkeley and Los Angeles: University of California Press, 2003. xviii + 359 pp. Cloth, $60. As the current attention to same-sex marriage attests, religious communities and politicians today are concerned with sexual activity and rules, (...) viewing [End Page 138] them as correlated with particular kinds of social orders and values. Since second-wave feminism and Foucault, classicists and historians of early Christians have given considerable attention to how ancients themselves were concerned with sexual activity and its bearing on social, political, and religious life. Kathy Gaca's study contributes fresh insights about the saliency of religious ideology to understanding the different kinds of "sexual blueprints" produced by Greek philosophers, biblical authors and their interpreters, and early Christians. The Making of Fornication takes as its starting point a challenge to Foucault's argument for fundamental continuity in sexual morality between Greek and early Christian thought. Gaca argues instead that historically successful forms of Christianity are more discontinuous than continuous with Greek philosophy.Porneia exemplifies the break Gaca charts: "the Greek biblical sense of 'fornication' should not be confused with in the non-biblical Greek sense.... as 'fornication' requires biblical monotheism to be intelligible as a sexual rule, insofar as sexual intercourse and procreation are fornicating, and forbidden, by virtue of not being dedicated to the Lord alone. In the non-biblical Greek sense, however, means 'prostitution' and has nothing to do with worshipping God alone" (20). Sexual activity in non-biblical Greek understandings was nonetheless closely linked to piety, and philosophers crafted their moral sexual visions in accordance with their understandings of how sexual desires, practices, and reproduction relate to the gods and cosmic order. Gaca argues that the combination of Greek biblical ideas and non-biblical Greek associations of sex with the gods led to Christian "practices of intense sexual asceticism among converted Greeks and other gentiles.... Since alien gods such as Aphrodite remained so potent a presence in human sexuality, it seemed critical to put an end to exercising her sexual energy rather than to defy God" (304). She sees this ascetic trend differently expressed in the first-century writings of Philo of Alexandria and Paul of Tarsus and the second-century writings of the Christians Tatian and Clement of Alexandria.This three-part work unfolds as a study of different views about sexual activity, even as it builds a larger argument about "the motivating philosophical and religious principles behind Christian sexual asceticism" (9). In each part's chapters, Gaca charts the range of visions for how sexual activity does and should correlate with social order held by Greek philosophers (Part 1: Platonic, Stoic, and Pythagorean), biblical texts and their interpreters (Part 2: Septuagint, Paul of Tarsus, and Philo of Alexandria), and three second-century Christians (Part 3: Tatian, Clement of Alexandria, and Epiphanes).For Gaca, Tatian and Clement of Alexandria craft their respective Christian ideals in monogamous heteroerotic, reproductive terms adapted from biblical traditions as well as some aspects of Platonic and Pythagorean thought (notably an emphasis on the regulation of sexual desire and procreative ideal for sex, respectively); their two versions of sexual norms (Tatian rejecting all sexual activity, Clement conceding only non-libidinous procreative marital sex) should be understood as a response to the religious associations of sex and sexual desire [End Page 139] among gentiles, especially Greeks (303-304). Epiphanes represents a historically unsuccessful alternative trajectory for early Christian sexual norms, in its basic presuppositions (of egalitarianism as a norm for community which extends to a rejection of marriage), in its relationship to Greek philosophy (in continuity with many early Stoic ideals about egalitarian communalism), and in its interpretation of Paul (using Gal. 3:28 as an interpretive key over 1 Cor. 6:18).In Part 1 Gaca aims to correct for a lack of attention to early Stoic material among classicists and ancient historians... (shrink)

The shaping of a personality occurs in a given social environment, of which the intellectual, moral, and social-psychological climate characteristic of the given society is an inseparable component. This state of society is created by virtue of the cultural values society has at its disposal, the totality of the social norms regulating the social and interpersonal relationships among human beings and their social behavior, and by virtue of the entire spectrum of social feelings, attitudes, emotions, (...) and value orientations of the members of society. (shrink)

It is well known that totem worship is an early product of human society, from which it can be argued that East and West share a common cultural origin, although totem worship cannot be identified as the initial origin of all human civilizations, it is the common premise from which all subsequent clans, tribes, and groups emerged. When societies face upheaval and change and breed conflict and chaos, salvation may be found in the common cultural origins of humankind. This (...) paper argues that both Durkheim and Confucius when faced with social anomie caused by the "crisis of European civilization" and the "collapse of ritual and music" (Libeng Yuehuai禮崩樂壞) respectively, traced their roots back to the sacredness of primitive witchcraft activities, including totem worship and the law of taboos, as the elixir of "healing" the society, which is "the same way"; However, due to the inherent differences in cultural background and subjectivity, the two have embarked on different paths of development and formed different social paradigms and interpersonal relationships, which are "different returns". (shrink)

The article is devoted to the study of the phenomenon of ideology in the context of its normative and regulatory function. The author's contribution to the further knowledge of the ideology was the following main conclusions. The emergence of ideology as a regulatory mechanism was primarily due to the transition from a traditional society to a modern one. Ideology is an attribute of modern society, since it acts as an intermediary between a person and social reality, determining and (...) regulating the activities of all people and relations between them in any sphere of society. In the XIX – first half of the XX centuries political ideology in its theoretical form dominated. As a regulatory mechanism, it functioned alongside religion, morality, and law, complementing them. In the second half of the XX – XXI centuries, as a result of the third STR, ideology in an ordinary and practical form became widespread. It began to replace the traditional regulatory mechanisms, surpassing them in the degree of influence on public consciousness and becoming the main mechanism of social regulation. (shrink)

continent. 1.4 (2011): 253—278. A Sense of French Politics Politics itself is not the exercise of power or struggle for power. Politics is first of all the configuration of a space as political, the framing of a specific sphere of experience, the setting of objects posed as "common" and of subjects to whom the capacity is recognized to designate these objects and discuss about them.(1) On April 14, 2011, France implemented its controversial ban of the niqab and burqa , commonly (...) referred to as the Islamic veil, in public places. On the coattails of the 2004 prohibition of religious artifacts, including the less concealing hijab or Islamic headscarves, in schools, the veil ban sparked equal outrage across both political and theological spectra, and many on both sides of the debate were quick to inquire about enforcement. As Steven Erlanger reports, “The police do not have the authority under the law to remove full veils, only to fine or require citizenship lessons for those who violate the new law.”(2) While the legal and social implications of this interdiction are ripe for study, the reprisals for breaking the law, notably compulsory citizenship classes, illuminate the strategic governmentality underlying the French government's targeting of the Muslim community, particularly those elements it considers affiliated with fundamentalist factions and/or terrorist organizations, if only through fashion—an integral component of French citizenship. Indeed, in allowing the (fashion) police to mandate instructional courses in citizenship for offenders, France implies that any Muslim choosing to wear the niqab or burqa , perhaps even for those who are already citizens, must not be aware of the subtle nuances of dress indicative of the French citizenry within public space. Furthermore, the degree of instruction requisite to citizenship, which clearly can and must be updated as the state sees fit, cements the imagined relation between citizens and states within the discourses on the veil ban. As Sharma contends, “Concepts of citizenship are the ideological glue that bonds the nation to the state. Citizenship provides the legal framework through which the state performs its role as ruler for the nation.”(3) Speaking for/as the state, French President Nicolas Sarkozy declared in a 2009 presentation before members of the government and other citizens that the burqa “is not welcome on the territory of France.”(4) Although there is nothing unique, especially recently, about a nation-state taking extreme measures to guard itself against what it deems to be threats to its sovereignty, the way in which the ongoing discourses on hijab have (d)evolved, which coincide with recent pronouncements by governmental leaders in Germany, Britain, and France that policies of multiculturalism have “failed,”(5) points toward nationalist reterritorializations, which is also to say physical and ideological re-appropriations, of public space within democratic milieux, which remain predicated upon the mediation of spaces. As Panagia deduces from Rancière, “Democracy […] is not an institutional form of government […], but an appearance whose visibilities and audibilites arise out of the dissonant blur of the everyday.”(6) Ultimately, the veil ban represents a calculated move to regulate the every day, which is to say the micropolitics of, that which is visible and invisible within French society, which makes it nothing short of a struggle to manage (the sensation of) bodies. Re-situating the political within the context of sense, Rancière argues that the fundamental essence of politics lies within the distinction between consensus and dissensus , and whereas most consider politics proper as fundamentally concerned with the fluid operations of the state— consensus , Rancière actually locates the political within events that disrupt the normative sensory order of things— dissensus . He explains, “Politics revolves around what is seen and what can be said about it, around who has the ability to see and the talent to speak, around the properties of spaces and the possibilities of time.”(7) This reformulation of politics centers on agency and, albeit perhaps unintended, representationality and offers a useful formulation for spatializing the discourses surrounding the Islamic veil, which are mired within seemingly senseless policies and practices of objectification. Instituting a normative “regime of visibility,” the French veil ban encapsulates the political economy of agency, now both mediated and representational, under the rule of nationalist governmentalities in increasingly transnational contexts.(8) Adjudicating presence within public space signals a concern with the sensory aspects of agency itself—what Rancière terms the “distribution of the sensible,” which is “a matrix that defines a set of relations between sense and sense: that is, between a form of sensory experience and an interpretation which makes sense of it.”(9) To be concerned with sense is to focus upon the body, and this somatic repositioning of the (fashionable) citizen within the territory of the state augurs the resurgence of nationalist bio-politics within Europe, since, as Hage explicates, “Nationalism, before being an explicit practice or a mode of classification, is a state of the body. It is a way of imagining one's position within the nation and what one can aspire to as a national.”(10) The French government's attempt to make (bodily) sense of public space for its citizens by and through policies aimed against a burqa-clad Muslim minority, which might only apply to “less then 400 to fewer than 2,000” women(11), reveals the necessary, yet mercurial, transmutation of public space into national space through bio-political strategies of sense-making, which, as Hage observes, denotes that “nationalists perceive themselves as spatial managers.”(12) At the center of this concern over public space is the equally contentious dimension of governing female Islamic identity, which has become one of the main critiques levied against Islam from outsiders who view the veil in its various forms as a clear sign of the religion's actual and symbolic violence against women, even if such critiques remain ensconced within nationalist discourses. As Halim and Meyers argue, “Although Western news media may focus their coverage of Muslim women on the debate over whether and the extent to which the veil may by oppressive to the women who wear it, they have exhibited little interest in the physical oppression of violence against women in Islamic countries.”(13) While it falls outside of the scope of this analysis to arbitrate all of the dimensions of this debate, understanding some of the issues related to female identity and hijab within public space are crucial to this study. As these topics are extraordinarily complex, even and perhaps especially within the Muslim community, it is necessary to provide some context concerning the value, purpose, and meaning of the Islamic veil, which has a rich and arduous history. The Art of the Veil At present, there are only two countries, Iran and Saudi Arabia, that require women to wear hijab , which is a decidedly problematic term and concept whose locus is itself caught within a struggle of sensation. Noting the strategic reterritorialization of the term, Berger explains: The choice of the name, hijab , now widely adopted to designate the “Islamic veil,” it itself interesting, although the semantic shift it operates is not directly commented upon by its users. Although the design (both the cut and the symbolic function) of the hijab and the Iranian chador are indeed the same, as opposed, for instance, to the traditional Algerian haik , the word hijab has come to replace the term chador popularized by the Iranian revolution, as a properly Arabic (hence Koranic) designation. This discursive shift points to the successful reclaiming of the national revolution in Iran by a transnational pan-Islamic movement, whose language of reference can only be Koranic Arabic.(14) While the hijab is certainly a point of contention within various countries dealing with immigrant Islamic populations (of which France has the largest in Europe as part of its colonial legacy in Algeria), it is clear that the veil is a historically contextualized artifact of Muslim identity with a variety of manifestations, even as forces outside of and within Islam seek to codify its actual and symbolic value. Ultimately, the varieties of hijab , including the full-faced burqa and niqab , are complex assemblages of meaning that speak to the multitudinous flows of Islamic identities over time and space. As Gökariksel and McLarney observe, “Wearing a certain style of veil may simultaneously be a disciplinary practice crucial to the cultivation of piety (Mahmood 2005; Gokariksel 2009) and a gendered performance of social distinction in terms of class, taste, and urbanity (White 1999; Navaro-Yashin 2002; Gokariksel and Secor 2009) or of ethnicity and race (Dwyer 1999).”(15) The ideological marketplace from which the varieties of hijab ebb and flow serves both as a reflection of the ever-present materiality and dynamic functionality of spiritual economies, which are derivative of the equally ubiquitous flows of transnational capital driving agency and representationality within our historical moment. Keeping these dual, yet deeply interconnected, capital ecologies as the site of exploration for how the veil is represented within public space, one might begin to sense what lurks behind such veiled agendas. Examining the symbolic and representational nature of the Islamic “veil” in its various forms, this project situates the decidedly political contestations of public space at stake in the French ban alongside recent condemnations of multiculturalism as calculated efforts to re-distribute the sensible so as to valorize national identity within increasingly transnational and globalized socio-economic spaces, which collapse exchange values between distinct, yet interwoven, economies of (cultural/material/spiritual) capital. As the discourses on the veil rely upon representational imag(in)ings, it seems fitting to explore the political economy and art of the veil through the phenomenon of street art, which, much like hijab , is a complex assemblage of meaning of sensation mired in representationality and capital exchange. As street artists have taken up hijab in various forms, the movement offers a lens with which to situate critical responses to the veil debate across both spiritual and material economies. Situating this street art both aesthetically and historically, Lewisohn explains, “'Street art' is a sub-genre of graffiti writing and owes much to its predecessor. Though there is a good deal of crossover between the genres, they are distinct and separate in their own right.”(16) Evolving out of the graffiti explosion of the late 1970's and 1980's, street art broke the unspoken rules of the artistic underground by challenging and re-examining one's sensory experience of art in public space by experimenting with both content and form in ways that harken back to the Situationist International, which as a collective challenged one's experience of urban space through various media and experiential phenomena. Again, Lewisohn observes, “It's important to note street art's break with the tradition of the tag, and its focus on visual symbols that embrace a much wider range of media than graffiti writers would use.”(17) From stencils to prints and murals to one-liners, street artists developed a reputation for critical social and political commentary, and while it is certainly the case that not all street art is intentionally political, in challenging the normative “regime of visibility,” as Rancière puts it, of public space, street artists—even if unconsciously—call into question the common sensory experience of the politics underlying the formation of (nationalist) space.(18) Indeed, Rancière refers to the partisan sensory managers as “police,” who ultimately forge “the rules governing the circulation of appearances, of their visibility and audibility, and the proper distribution of bodies therein.”(19) As such, one can sense that street art's relationship with the police is tenous for a variety of reasons. Writing about his own experience as a street artist, Shepard Fairey observes, “With street art, there's no committee deciding whether I can put my work up on the street, there's no censorship, and I have total freedom of expression, and that concept of freedom is expressed just by using the street as a medium.”(20) As Fairey and other street artists demonstrate, the medium, to paraphrase Marshall McLuhan, is the most glaring aspect of street art's message, and even as it now finds itself in galleries and usurped by private collectors, the ethos of the movement remains relavent to politics as it is, first and foremost, concerned with the configuration and experience of space. Just as examining the punishments for breaking the veil ban can map the terrain of French politics, a representational genealogy of street artist's deployment of hijab and female Muslim identity can assist in mining the depths of public space as a site of bio-political control and contestation in light of recent events in France and the rising tide of anti-multiculturalist rhetoric across Europe, even though the Islamic presence there is radically heterogenous. Using the work of Shepard Fairey, Princess Hijab, br1, and Banksy, this paper sets out to answer a number of key questions concerning the deployment of hijab, and female Islamic identity in particular, within street art as a movement now integral to and critical of the economies of exchange underlying global capitalism, which as a force of influence cannot be underestimated as a driver in the resurgence of nationalist biopolitical governmentalities. Although there exists a litany of artists to choose from, the aforementioned quartet of designers integrate hijab into their work in a seminal and critical fashion, and all have been working with the veil in some way prior to the French ban, which grants some additional context to their usage of it as a symbol in regards to the breakdown of multiculturalism across Europe, even if unconsciously. Although each artist depicts various amalgamations of hijab in their respective corpus, they share common tropes that raise significant questions concerning the veil debate, namely: what are the conditions of possibility for hijab to become a marker of Islamic identity within public space? How can we make sense of the representational topologies within street art's utilization of the hijab and female Islamic identity in light of the French ban? How might these aesthetic imag(in)ings simultaneously inhabit and combat normative discourses concerning hijab , multiculturalism, female Islamic identity, and public space? With these considerations as a backdrop, it is first necessary to outline more fully the hijab as a representative marker of female Islamic identity. The (Veiled) Writing on the Wall

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The relationship between law and morality is a topic which receives special importance and attention, especially in "liberal democracies" in which the law is supposed to regulate highly pluralized and fragmented societies. Under conditions of plurality of values, many social forces and legal theories require a certain kind of neutrality from the legal system, a means of compatibility of the many "world views" and "moral systems" that are present within the same social space. Such a conciliating commitment sounds particularly relevant (...) in times of the doctrinal ubiquity of ideas such as "peace based on human rights". This was the title of the 28th World Congress of the IVR in Lisbon, with the special workshop "Law and Morals" on which this book is based. It is divided into four parts: "Law and Practical Reason", "Conceptual Approaches on Law and Morals", "Legal versus Moral Normativity", and "Morals and Legal Positivism". (shrink)

The Hebrew phrase tikkun olam means repairing, mending or healing the world. Today, the phrase tikkun olam, particularly in liberal Jewish American circles, has become a slogan for a diverse range of topics such as activism, political participation, call and pursuit of social justice, charities, environmental issues and healthy nutrition. Moreover, the presidents of the United States who attend Jewish religious days and Jewish ceremonies state the tikkun olam in its Hebrew origin, pointing out its origin embedded in the Judaism (...) and a religious rule and/or an obligation that is important in Jewish tradition and thought. Nevertheless, when we look at the context of religious literature in which the phrase is used, it is seen that, although it is difficult to make a clear definition, it does not reflect modern/widespread uses and their meanings. Furthermore, tikkun olam is an ignored and even rejected concept by the Rabbinic Judaism which claims to represent the tradition and its current representative Orthodox Judaism. This fact is also seen in the usage and prevalence of the term in the U.S. and Israel. Thus, in this article, especially with reference to the norms of Mishnah, the religious-juristicial contexts and possible meanings of the phrase of tikkun olam, the notion of tikkun olam in Jewish liturgy and its implied meaning and the Kabbalistic understanding of tikkun will be presented, the development, changing and conversion of the phrase in modern age and its contemporary usage areas and reinterpretations will be demonstrated.Summary: Recently and especially in the U.S., the Hebrew phrase tikkun olam are used as a slogan in a widespread manner such as for activism, political participation, social justice, all kinds of charities, environmental issues, counter terrorism and healthy nutrition. Such a common usage of the phrase is largely the result of its literal meaning and ambiguity. Hence, this article aims to explore the place of the concept of tikkun olam in Jewish religious literature and its variations and semantic changes. Tikkun olam, literally means the repairing, mending or healing the world. However, regarding its religious context, it is difficult to determine what it means accurately. In time, some has used the tikkun olam as a legislative justification for changing specific laws, some has attributed to it an eschatological meaning which indicates to the mesianic age, and some has dicussed it in the context of mystical sense. The first usage of the phrase of tikkun olam in the Jewish religious literature was simply in the form of “because of tikkun olam” in Gittin epistle, a tractate of Mishnah and Talmud. Here, the phrase was used as a reason of a judgment concerning to the subjects of marriage, divorcement, slavery, captivity etc. In the context of these subjects tikkun olam indicates to the similar meanings like “repairing, organizing, healing, changing the world; regulating and improving the society, maintaining the social order, and prioritizing the common good. In fact, the concept of tikkun olam as the reason of the judgements in these matters is likely related to a juridical reason that intends to ensure the personal and public welfare such as clarifying the marital status of woman, to prevent the capture and seizure from Jewish society, and to deal with economy and identification of juridical status of the slaves.The other reference to tikkun olam appears in the second part of the aleinu prayer. However, the notion of tikkun olam in the aleinu prayer refers to a situation that happens in God’s Kingdom if Torah and halakhah are followed carefully. Hence, the aleinu prayer’s tikkun olam points out eschatological expectation which desires a messianic age, but not the socio-political and ecological concerns of the world as in the current fields and meanings.The modern idea of tikkun olam is also associated with the Jewish mystical movement, Kabbalah. Nonetheless, the concept of tikkun in Kabbalah is not a concept related to the socio-political circumstances of the world where we live in, but it is related to the restoring of the divine world. In order to restoring the divine world, human should fulfill the commands by studying Torah and have a spiritual and moral rehabilitation process by engaging in ascetic practices.The use of the phrase of tikkun olam gradually progress in the socio-political life of the U.S. The first use of the expression of tikkun olam in the U.S. was in the 1950’s by Shlomo Bardin, the founder of the Brandeis Camp Institute in California. Bardin asserted that the Aleinu prayer was the most important expression of Jewish values, particularly the expression “le-taken olam be-malchut shaddai” that is typically translated as “when the world shall be perfected under the reign of the God.” Bardin suggested that these words referred to the obligation of Jews to work for a more perfect world. The concept of tikkun olam entered contemporary usage by the way of its being preferred as a name to those such as social justice and charity programmes which was launched by the Reformist and Conservative groups in the second half of the twentieth century. In 1970s, United Synagogue Youth which is the national youth foundation of the conservative movement adopted the expression of tikkun olam and changed the title of its social action programs from “Building Spiritual Bridges” to “Tikkun Olam.” Nowadays, United Synagogue Youth proceeds all of its social activities and tzedakah programs through the tikkun olam project.By the end of 1970’s, New Jewish Agenda, an organization devoted itself to the religious and social values, acknowledged the slogan of “Tikkun Olam” as the spirit of its ideology. In 1986, Michael Lerner entitled a left-oriented liberal publication with the concept of Tikkun by claiming that this concept represented the origin of Judaism, and he take an important role on making the concept have a prevalence.Pittsburgh Platform organized in 1999 by the Reformist Jewish Movement emphasized that people must perform the most significant moral principles in the relationships with all non-Jewish people and all other creatures. This platform also stated that making the world a better place with the help of God would quicken the upcoming the messianic age. The tikkun understanding of the Reformist movement evolved to more universal realm by embracing the non-Jewish people, as well. Over the last two decades, successive presidents of the U.S. who attended in the ceremonies of Jewish religious days and Jewish assemblages have contributed to the prevalence and usefulness of tikkun olam by mentioning the phrase of tikkun olam in Hebrew, expressing that this is an essential principle of Judaism and addressing that this has a central role in Jewish tradition and thought. On the other hand, this concept does not have an important or a central place in Rabbinic Judaism and even in Orthodox Jewish communities which are the current representatives of Rabbinic Judaism. Moreover, Reformist, Conservative, and Reconstructionist American Jews who are considered on the liberal side of the politics has put the concept on the current use and the world’s agenda. Thus, the phrase of the tikkun olam is more popular in non-Judaic milieux in the U.S. than the Jews in Israel. In Israel where the Orthodox doctrine is dominated and shaped the people, tikkun olam is regarded as a western value and is ignored. (shrink)

The aim of this paper is to show the relationship between the normative outlook and political philoso- phy of traditional societies on the one hand, and the crises of governance and leadership in contemporary African Societies, particularly subSaharan states, on the other. Although there are quite some differences in the quality of leadership and governance among sub-Saharan African states because of the different political and economic circumstances, this part of the globe taken as a whole remains underdeveloped in terms of (...) having the will to institute and maintain stable polities with responsive, responsible and efficient governance. (shrink)

This dissertation examines the evolution of David Hume's ethics, focusing on moral judgment, moral motivation and ethical normativity. In chapter one, I argue that previous scholars have missed a crucial distinction between two different sympathetic processes at work in the Treatise. The first sympathetic process, "particular sympathy" is analogous to ordinary empathy and variable in just the way empathy is, but a second, non-variable process, "extensive sympathy" is the source of our moral sentiments. In chapter two, I give an account (...) of Hume's understanding of ethical normativity in the Treatise, arguing that he holds that society, our intimate relationships, and even our ability to be actively concerned with our long-term interests all depend on our adopting extensive sympathy as a standard by which to regulate our character and our passions. The view of moral motivation which then emerges is one on which our moral sentiments play the role of redirecting our natural passions and desires. ;In chapters three and four, I consider the second Enquiry, arguing that what had changed by the time of that work was not primarily the doctrine of Hume's ethics, but his view of the project of writing moral philosophy. In the Treatise, Hume seeks to explain and justify moral standards and judgments, while in the second Enquiry Hume also seeks to inspire people to regulate their lives by those standards and judgments. Only if we are alert to Hume's project in the second Enquiry will we at last resolve debates over whether Hume abandoned the doctrine of sympathy by the time of that work. Similarly, we need to understand the project of that work if we are to understand the section therein on our "interested obligation to virtue," and the appendix to that work called, "A Dialogue." ;In concluding, I place Hume against the map of contemporary ethics, arguing that philosophers with a broad variety of non-Humean and Humean committments have reason to take Hume's ethics seriously, in part because the account of Hume's ethics for which I have argued changes the map of contemporary ethics. (shrink)

Large language models (LLMs) produce sequences learned as statistical patterns from large corpora. Their emergent status as representatives of the advances in artificial intelligence (AI) have led to an increased attention to the possibilities of regulating the automated production of linguistic utterances and interactions with human users in a process that computer scientists refer to as ‘alignment’—a series of technological and political mechanisms to impose a normative model of morality on algorithms and networks behind the model. Alignment, which can be (...) viewed as the superimposition of normative structure onto a statistical model, however, reveals a conflicted and complex history of the conceptualisation of an interrelationship between language, mind and technology. This relationship is shaped by and, in turn, influences theories of language, linguistic practice and subjectivity, which are especially relevant to the current sophistication in artificially produced text. In this paper, we propose a critical evaluation of the concept of alignment, arguing that the theories and practice behind LLMs reveal a more complex social and technological dynamic of output coordination. We examine this dynamic as a two-way interaction between users and models by analysing how ChatGPT4 redacts perceived ‘anomalous’ language in fragments of Joyce’s Ulysses. We then situate this alignment problem historically, revisiting earlier postwar linguistic debates which counterposed two views of meaning: as discrete structures, and as continuous probability distributions. We discuss the largely occluded work of the Moscow Linguistic School, which sought to reconcile this opposition. Our attention to the Moscow School and later related arguments by Searle and Kristeva casts the problem of alignment in a new light: as one involving attention to the social regulation of linguistic practice, including rectification of anomalies that, like the Joycean text, exist in defiance of expressive conventions. The “problem of alignment” that we address here is, therefore, twofold: on one hand, it points to its narrow and normative definition in current technological development and critical research and, on the other hand, to the reality of complex and contradictory relations between subjectivity, technology and language that alignment problems reveal. (shrink)

Successfully navigating the norms of a society is a complex task that involves recognizing diverse kinds of rules as well as the relative weight attached to them. In the United States, different kinds of rules—federal statutes and regulations, scientific norms, and professional ideals—guide the work of researchers. Penalties for violating these different kinds of rules and norms can range from the displeasure of peers to criminal sanctions. We proposed that it would be more difficult for researchers (...) working in the U.S. who were born in other nations to distinguish the seriousness of violating rules across diverse domains. We administered a new measure, the evaluating rules in science task, to National Institutes of Health-funded investigators. The ERST assessed perceptions of the seriousness of violating research regulations, norms, and ideals, and allowed us to calculate the degree to which researchers distinguished between the seriousness of each rule category. The ERST also assessed researchers’ predictions of the seriousness that research integrity officers would assign to the rules. We compared researchers’ predictions to the seriousness ratings of 112 RIOs working at U.S. research-intensive universities. U.S.-born researchers were significantly better at distinguishing between the seriousness of violating federal research regulations and violating ideals of science, and they were more accurate in their predictions of the views of RIOs. Acculturation to the U.S. moderated the effects of nationality on accuracy. We discuss the implications of these findings in terms of future research and education. (shrink)

Artificial Intelligence (AI) has the potential to influence people’s lives in various ways as it is increasingly integrated into important decision-making processes in key areas of society. While AI offers opportunities, it is also associated with risks. These risks have sparked debates about how AI should be regulated, whether through government regulation or industry self-regulation. AI-related risk perceptions can be shaped by national cultures, especially the cultural dimension of uncertainty avoidance. This raises the question of whether people (...) in countries with higher levels of uncertainty avoidance might have different preferences regarding AI regulation than those with lower levels of uncertainty avoidance. Therefore, using Hofstede’s uncertainty avoidance scale and data from ten European countries (N = 7.855), this study investigates the relationships between uncertainty avoidance, people’s AI risk perceptions, and their regulatory preferences. The findings show that people in countries with higher levels of uncertainty avoidance are more likely to perceive AI risks in terms of a lack of accountability and responsibility. While people’s perceived AI risk of a lack of accountability exclusively drives their preferences for government regulation of AI, the perceived AI risk of a lack of responsibility can foster people’s requests for government regulation and/or industry self-regulation. This study contributes to a better understanding of which mechanisms shape people’s preferences for AI regulation. (shrink)

In the recent debate on political normativity in political philosophy, two positions have emerged among so-called political realists. On the first ‘non-moral’ view, political normativity is understood as orthogonal to moral normativity. On the second ‘filter view’, moral norms and prescriptions may be ‘filtered through’ the realities of politics such that they are altered by politics’ constitutive features. While the former has been severely criticized, the latter has remained underdeveloped and vague. To take the debate on political normativity forward, (...) the aim in this paper is to explore what it could reasonably mean to claim that moral norms are filtered through politics and are aligned with its constitutive features. More specifically, we explore the role of moral norms in political theory. We take our starting-point in Larmore’s work and make two claims. First, we argue against Larmore’s claim – following political realists – that because political philosophy is concerned with the regulation of basic institutions and legal-political orders, it should primarily focus on political legitimacy rather than justice and always focus on legitimacy before justice. In our view, nothing in the constitutive features of politics supports such a conclusion. Second, we argue that any reasonable political theory relies on at least one moral premise, constituted by foundational principles (or values), which are independent of a society or polity. These are more basic than political principles in the sense that they put up the normative boundary conditions for such principles. (shrink)

Theories of sexuality, culture and modern personhood rarely take account of differences in the construction of sexuality between advanced industrial nations. This article reveals different conceptions and management of adolescent sexuality among white, middle-class American and Dutch parents of teenagers. The American parents describe adolescent sexuality as a biologically driven, individually based activity which causes disruption to the teenager as well as to the family. The Dutch parents, by contrast, emphasize the love relationships and social responsibility of teenagers which (...) make their sexuality a `normal' phenomenon. The American parents exclude the sexuality of teenagers from conversation and the family while the Dutch parents accommodate culturally prescribed forms of teenage sexuality within the home. The article demonstrates how the two constructions of adolescent sexuality, and the conceptions of personhood and social life that engender them, constitute fundamentally different cultural logics. Without denying variations within the two countries, or overlaps between them, it suggests that different dominant understandings of sexuality and the individual have prevailed in the USA and the Netherlands. (shrink)

The field of socio-legal research has encountered three fundamental challenges over the last three decades - it has been criticized for paying insufficient attention to legal doctrine, for failing to develop a sound theoretical foundation and for not keeping pace with the effects of the increasing globalization and internationalization of law, state and society. This book examines these three challenges from a methodological standpoint. It addresses the first two by demonstrating that legal sociology has much to say about justice (...) as a kind of social experience and has always engaged theoretically with forms of normativity, albeit on its own empirical terms rather than on legal theory's analytical terms. The book then explores the third challenge, a result of the changing nature of society, by highlighting the move from the industrial relations of early modernity to the post-industrial conditions of late modernity, an age dominated by information technology. It poses the question whether socio-legal research has sufficiently reassessed its own theoretical premises regarding the relationship between law, state and society, so as to grasp the new social and cultural forms of organization specific to the twenty-first century's global societies. (shrink)

Do philosophy professors specializing in ethics behave, on average, any morally better than do other professors? If not, do they at least behave more consistently with their expressed values? These questions have never been systematically studied. We examine the self-reported moral attitudes and moral behavior of 198 ethics professors, 208 non-ethicist philosophers, and 167 professors in departments other than philosophy on eight moral issues: academic society membership, voting, staying in touch with one's mother, vegetarianism, organ and blood donation, responsiveness (...) to student emails, charitable giving, and honesty in responding to survey questionnaires. On some issues, we also had direct behavioral measures that we could compare with the self-reports. Ethicists expressed somewhat more stringent normative attitudes on some issues, such as vegetarianism and charitable donation. However, on no issue did ethicists show unequivocally better behavior than the two comparison groups. Our findings on attitude-behavior consistency were mixed: ethicists showed the strongest relationship between behavior and expressed moral attitude regarding voting but the weakest regarding charitable donation. We discuss implications for several models of the relationship between philosophical reflection and real-world moral behavior. (shrink)

The capacity to collect and analyse data is growing exponentially. Referred to as ‘Big Data’, this scientific, social and technological trend has helped create destabilising amounts of information, which can challenge accepted social and ethical norms. Big Data remains a fuzzy idea, emerging across social, scientific, and business contexts sometimes seemingly related only by the gigantic size of the datasets being considered. As is often the case with the cutting edge of scientific and technological progress, understanding of the ethical (...) implications of Big Data lags behind. In order to bridge such a gap, this article systematically and comprehensively analyses academic literature concerning the ethical implications of Big Data, providing a watershed for future ethical investigations and regulations. Particular attention is paid to biomedical Big Data due to the inherent sensitivity of medical information. By means of a meta-analysis of the literature, a thematic narrative is provided to guide ethicists, data scientists, regulators and other stakeholders through what is already known or hypothesised about the ethical risks of this emerging and innovative phenomenon. Five key areas of concern are identified: informed consent, privacy, ownership, epistemology and objectivity, and ‘Big Data Divides’ created between those who have or lack the necessary resources to analyse increasingly large datasets. Critical gaps in the treatment of these themes are identified with suggestions for future research. Six additional areas of concern are then suggested which, although related have not yet attracted extensive debate in the existing literature. It is argued that they will require much closer scrutiny in the immediate future: the dangers of ignoring group-level ethical harms; the importance of epistemology in assessing the ethics of Big Data; the changing nature of fiduciary relationships that become increasingly data saturated; the need to distinguish between ‘academic’ and ‘commercial’ Big Data practices in terms of potential harm to data subjects; future problems with ownership of intellectual property generated from analysis of aggregated datasets; and the difficulty of providing meaningful access rights to individual data subjects that lack necessary resources. Considered together, these eleven themes provide a thorough critical framework to guide ethical assessment and governance of emerging Big Data practices. (shrink)

Leadership humor is widely used in management practice and has aroused extensive discussion in academia. On account of the two-sided influence of leader humor on employees, its double-edged sword effect on employee behavior has been put more emphasis. As a benign violation of organizational norms and a kind of pro-organizational violation, respectively, both Leadership humor and employee bootleg innovation have the characteristics of violating organizational norms, but few studies have examined the relationship between them. Based on benign violation (...) theory and social cognition theory, this study conducted a two-stage questionnaire survey and statistical-econometric analysis of 324 employees in 23 IT and manufacturing technology companies in Guangdong, Jiangsu, Zhejiang, Hubei, Beijing, and Shanghai, China. It not only examined the relationship between leadership humor and employee bootleg innovation but also tested a moderated mediation model. Results show that leadership humor is positively correlated with psychological empowerment and employee bootleg innovation, namely, leadership humor indirectly and positively affects employee bootleg innovation through psychological empowerment. Moreover, the indirect effect is positively regulated by leadership emotional trust. The higher the emotional trust of employees to leadership, the stronger the mediating role of psychological empowerment between leader humor and bootleg innovation behavior. The study enriches the existing path of research on the double-edged impact of leader humor on employee behavior, expands the boundary conditions of the relationship between empowered cognitive mediation and employee bootleg innovation and provides enlightenments for Chinese leaders to effectively apply the tool of leader humor. (shrink)

Théophile Funck-Brentano (1830-1906) is recognized as a French philosopher and sociologist. He made significant contributions by focusing on moral philosophy, law, and social issues. As one of the pioneers of the sociology of law, Funck-Brentano’s works include an analysis of human nature and society, reflecting the innovative ideas of his time. Although his name is not frequently mentioned today, his contributions, especially legal sociology and moral philosophy, are considered highly valuable. In his theories, the relationship between society and (...) the individual, moral norms, and the legal system hold central importance. Funck-Brentano emphasizes the impact of moral principles and social order on individual behavior and highlights the role of moral norms in maintaining social cohesion. Furthermore, Funck-Brentano was aligned with the School of Sociology and Social Science founded by Le Play. The Le Play school advocated for examining social structures and family elements to develop policies that could have long-term effects on society. Funck-Brentano made significant contributions to the theory of the social contract, reinterpreting it in a way that suits the needs of modern societies. According to him, the social contract is an agreement among individuals to live together and recognize mutual rights. This agreement forms the foundation of social morality. While individuals, as members of society, assume certain moral obligations, society takes on the responsibility of protecting the rights of individuals. Funck-Brentano argues that moral norms not only guide individual behavior but also play a crucial role in supporting social stability and cohesion. These norms regulate relationships between individuals, protect the general interests of society, and align personal interests with the collective interests of the community. In Funck-Brentano’s thought, law is a form of moral norms – reflecting the ethical principles and standards that regulate behavior and has been accepted by society and possess enforceable power. However, there are instances where what is moral is not always legal, and what is legal is not always moral. Therefore, a continuous process of aligning moral and legal regulations is necessary. Mustafa Kemal Ataturk, during the founding of modern Turkey, was influenced by studies of many Western intellectuals including Funck-Brentano. Ataturk’s careful reading of Funck-Brentano’s books and the notes he took demonstrate how these studies served as a resource in shaping his social and legal reforms. This study will examine Funck-Brentano’s ideas in the field through his studies that address social morality. His contributions to moral philosophy, the social contract, and legal theory will be explored, as well as how these concepts are treated in his writings and their impact on modern societies. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Richard Price, the Debate on Free Will, and Natural RightsGregory I. MolivasWhen Richard Price projected metaphysical assumptions onto his ethical theory, he elaborated a conception of man as a normatively self-regulating being. Endowed with rationality, man is a “law unto himself.” Price’s political writings postulated accordingly that man should be his own legislator. The first proposition appeared in his ethics in the context of man’s identification with his higher (...) faculties, and the second in the context of man considered as a member of civil society. Crucial to the transition from the first context to the second was Price’s notion of man’s inward constitution as permeating his conception of practical virtue, a view he expanded in his discussion on free will. This conception was built on a sharp contrast between reason and passion, which he described in terms of a relationship like that of sovereign to subject. The contrast is between those faculties which are destined to command, and those who ought to obey. This analogy facilitated comparison with normative relationships obtaining in civil society, where Price identified subservience to passion with obedience to an external-to-the-“self “ power, which in a political context manifested as the wishes of other people.These successive steps from ethical supposition to political claims, formed a body of assumptions underlying beliefs that were shared by many of his contemporaries. They did not constitute a unified system of principles, and it is vain to seek theoretical consistency in all those who seemed to have espoused ideas similar to those of Price. His assumptions do, however, help to explain why some of his contemporaries found his ideas familiar or self-evident, while to others they were incomprehensible. Nor is it a coincidence that Price’s most able critics happened to be psychological determinists (Richard Hey, John Lind, Edmund Burke), who attacked his conception of political liberty after undermining, or disputing, Price’s conception of man. [End Page 105]I. In the writings of all those who inveighed against the rights of man, the words “natural rights” and “metaphysics” are often found together. Thomas Paine was accused of having “crudely stolen” his “crazy metaphysics” from others, 1 and studies of Edmund Burke have continuously pointed to his dislike of the “professor of metaphysics.” Burke’s aversion to abstract speculation and metaphysics has often been interpreted as the natural reaction of an English politician confronting the generalities of continental writers. Frederick Dreyer, however, argues that when Burke wrote his Reflections, he had in mind Price’s philosophical arguments rather than the events of the French Revolution. 2 According to him, the anonymous “metaphysician” whom Burke so often and so vehemently denounced was, in fact, Richard Price.In substantiating his position Dreyer quotes, among other things, a revealing passage from Burke: “There are people who have split and anatomized the doctrine of free government, as if it were an abstract question concerning metaphysical liberty and necessity, and not a matter of moral prudence and natural feeling.” 3 Although Dreyer does not pursue the full implications of the evidence he presents, this is a remarkable statement, because it indicates what Price had undertaken in his political writings. In his philosophical works Price had defended the idea of metaphysical or philosophical liberty as a precondition of moral agency. In the first and most important theoretical section of his influential Observations on the Nature of Civil Liberty, 4 which set out to analyze the nature of liberty, Price summarized his earlier philosophical views. As William King noted in this section of his political pamphlet Price was “totally out in his philosophy.” 5Price defined liberty as the power of self-government and approached it through its four general divisions: physical liberty, moral, religious, and civil liberty. Commentators on Price have often acknowledged that his conception of liberty, as expounded in his political pamphlet, is indebted to his earlier philosophical work and notably his Review of the Principal Questions in Morals; 6 but they have not followed up with a clear exposition of how the divisions of liberty Price put forward in his Observations are related. [End Page 106]Although J. C. D. Clark claims that... (shrink)

The need to re-examine established ways of thinking about secularism and its relationship to feminism has arisen in the context of the confluence of a number of developments including: the increasing dominance of the ‘clash of civilizations’ thesis; the expansion of postmodern critiques of Enlightenment rationality to encompass questions of religion; and sustained critiques of the ‘secularization thesis’. Conflicts between the claims of women's equality and the claims of religion are well-documented vis-à-vis all major religions and across all regions. The (...) ongoing moral panic about the presence of Islam in Europe, marked by a preoccupation with policing Muslim women's dress, reminds us of the centrality of women and gender power relations in the interrelation of religion, culture and the state. Added to postmodern and other critiques of the secular-religious binary, most sociological research now contradicts the equation of modernization with secularization. This article focuses on the challenges that these developments pose to politically oriented feminist thinking and practice. It argues that non-oppressive feminist responses require a new critical engagement with secularism as a normative principle in democratic, multicultural societies. To inform this process, the author maps and links discussions across different fields of feminist scholarship, in the sociology of religion and in political theory. She organizes the main philosophical traditions and fault lines that form the intellectual terrain at the intersection of feminism, religion and politics in two broad groups: feminist critiques of the Enlightenment critique of religion; and feminist scholarship at the critical edges of the Enlightenment tradition. The author argues that notwithstanding the fragmented nature of feminist debates in this area, common ground is emerging across different politically oriented approaches: all emphasize ‘democracy’ and the values that underpin it as the larger discursive frame in which the principle of secularism can be redefined with emancipatory intent in a neo-secular age. (shrink)

Daniele Hervieu-Léger and Marcel Gauchet explain that today the hold that the religious dimension has always exerted over human societies is, of very recent date but definitely, slackening; that it is becoming ‘hollow’ and ceases to inspire collective action, leaving henceforth wide open the question of knowing in which name we should attempt to take our destiny in our hands and base the norms of collective being. This question at once summons up another, implicitly contained in the latter: is (...) every ethical norm (or moral norm, for we are not making a distinction between the two concepts here) ultimately religious in origin, as is most often supposed, or can one in fact conceive of sketching the outlines of a moral code that is immanent within the social relationship, a moral code that is sufficiently coherent and self-consistent to do without, at least in theory, a religious-type transcendence? Here, I should like to make a case for the second response by emphasizing that religion - whatever meaning one bestows on this notion, still undefined today - does not constitute the primary, irreducible social and historical fact that is most often supposed, but that it should itself be interpreted as the formulation of a more original and more universal formulation: the threefold obligation of giving, receiving, and repaying distinguished by Marcel Mauss in his famous Essay on the Gift. Of course, I shall not claim here to do more than sketch a few possible lines of argument. But even before formulating them, I must call to mind two prejudicial objections that my argument has encountered. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Response to Frede V. Nielsen, “Didactology as A Field of Theory and Research in Music Education”Marja HeimonenFrede Nielsen describes the two main aspects of music pedagogy as the normative (and prescriptive) and the descriptive (and analytical) aspects. As a precondition for his discussion, he explores some important concepts and terms such as Didaktik. He argues that it is impossible to translate and transfer certain concepts into English. The German (...) tradition, however, has influenced Scandinavian pedagogical discussion and the content of pedagogical terms and concepts in Denmark and Finland is usually congruent with German terminology. Therefore, Nielsen analyzes the German concepts carefully.An example from my own experience as a teacher of both pedagogy and didactics at the Helsinki Conservatory/Polytechnic may throw some light on this [End Page 98] matter from the Finnish perspective. The traditional title of the subject "piano pedagogy" (offered to students who aim to become instrumental teachers) was changed to "piano didactics" some years ago. The content of this course also changed in that alongside practical work (teaching) theoretical courses were also included. The reason for this change was expressed in the same terms that Nielsen presents in his paper: Didaktik (in Finnish didaktiikka) signifies both a theoretical and a practice-oriented approach to teaching.According to Nielsen, the principal question concerning Didaktik is What is the essential content in music education? This is a philosophical (as well as a legal) issue concerning the aims of education and the matter of who has the right to decide the content. These kinds of matters can also be drawn on a larger canvas: the education of human beings generally. Music education (especially in the context of general education) is not only concerned with the skills that will enable pupils to become competent musicians. On the contrary and more profoundly, it aims to broaden the mind and expand the possibilities of thought and feeling. According to several researchers (such as Estelle Jorgensen, Anthony E. Kemp, David Best, Matti Huttunen, and Heidi Westerlund) music teachers should cultivate a wide understanding of the meaning of education so that music education can relate to human experience and social practices.Nielsen has created four paradigms that might be used when the content of music teaching is formulated. The point of departure may be (a)the subject itself, music, (b)the pupil's culture (or the local culture); in other words, the micro-cultural level, (c)the social problems or conditions of democracy (the macro-cultural level), and/or (d)the fundamental existential condition of human beings. These paradigms do not exclude one another. I consider their function to resemble that of legal principles: they have to be weighed and balanced in a particular situation and context. One or several may, for some time, take priority and push the others into the background just as Nielsen argues. Legal principles are not used as legal rules, but they are "strong" as rules.Legal rules have been compared with rails: rules and regulations (just as rails) are either followed or not. This comparison to a train running on rails also clarifies the relationship between legal regulations and human behaviour: most of these rules are obeyed by habit without profound thinking about aims and principles (c.f. Nielsen's paradigms) behind the legal texts.The most important question Nielsen attempts to raise is the relationship between music and pedagogy (Didaktik). He points out that his aim is not to give normative regulations about what should or should not be taught. Raising questions is an important aim of philosophical research. However, this kind of research may also have normative implications. For instance, philosophical [End Page 99] questions regarding the aims and the content of a subject (such as music) are included in the planning of a National Curriculum (or the National Framework Curriculum formulated by the National Board of Education, as we used to have in Finland). This curriculum is normative: the regulations have to be obeyed when syllabi are formulated in schools at the local level. The Framework Curriculum includes several educational aims; for instance, "a good relationship to music" should be created between the pupil and music. The normative character of this kind of... (shrink)

The concept of authority crosses many social sciences, but there is a lack of common taxonomy and definitions on this topic. The aims of this review are: to define the basic characteristics of the authority relationship, reaching a definition suitable for the different domains of social psychology and social sciences; to bridge the gap between individual and societal levels of explanation concerning the authority relationship, by proposing an interpretation within the framework of social representations. The authority relationship can be conceived (...) as a negotiation of meanings and it is closely linked to shared value orientation and the attribution of meanings negotiated within a society. We assume that the authority relationship is socially constructed and represents both a shared representation of society and a normative principle of social life. A multidisciplinary approach is adopted, crossing definitions and studies provided in sociology, political science, law and social psychology. (shrink)

The sexual exploitation of children in Indonesia is a serious crime that threatens the fundamental rights of children and their physical, emotional, and mental development. Cases of child sexual exploitation continue to rise, whether in the form of human trafficking, pornography, or sexual abuse, yet the response remains far from optimal. Although regulations and prevention programs are in place, the lack of coordination among law enforcement agencies and the low level of public awareness are major obstacles to resolving these cases.This (...) study employs a qualitative approach using a normative-empirical method, involving an analysis of the legal framework as well as in-depth interviews with legal practitioners and relevant stakeholders. The results indicate that although there is a strong legal foundation, policy implementation is often hindered by bureaucracy, limited human resources, and low legal awareness in society. Additionally, social stigma against victims exacerbates the situation, especially in rural areas.The study recommends an interconnected approach involving substantive law, legal structure, and legal culture as an effective solution to address the escalation of child sexual exploitation. These findings imply the need for improved inter-agency coordination, law enforcement training, and more extensive public awareness campaigns. (shrink)

This article critically re-examines the application of the principle of patient autonomy within bioethics. In complex societies such as those found in North America and Europe health care professionals are increasingly confronted by patients from diverse ethnic, cultural, and religious backgrounds. This affects the relationship between clinicians and patients to the extent that patients' deliberations upon the proposed courses of treatment can, in various ways and to varying extents, be influenced by their ethnic, cultural, and religious commitments. The principle of (...) patient autonomy is the main normative constraint imposed upon medical treatment. Bioethicists typically appeal to the principle of patient autonomy as a means for generally attempting to resolve conflict between patients and clinicians. In recent years a number of bioethicists have responded to the condition of multiculturalism by arguing that the autonomy principle provides the basis for a common moral discourse capable of regulating the relationship between clinicians and patients in those situations where patients' beliefs and commitments do or may contradict the ethos of biomedicine. This article challenges that claim. I argue that the precise manner in which the autonomy principle is philosophically formulated within such accounts prohibits bioethicists' deployment of autonomy as a core ideal for a common moral discourse within multicultural societies. The formulation of autonomy underlying such accounts cannot be extended to simply assimilate individuals' most fundamental religious and cultural commitments and affiliations per se. I challenge the assumption that respecting prospective patients' fundamental religious and cultural commitments is necessarily always compatible with respecting their autonomy. I argue that the character of some peoples' relationship with their cultural or religious community acts to significantly constrain the possibilities for acting autonomously. The implication is clear. The autonomy principle may be presently invalidly applied in certain circumstances because the conditions for the exercise of autonomy have not been fully or even adequately satisfied. This is a controversial claim. The precise terms of my argument, while addressing the specific application of the autonomy principle within bioethics, will resonate beyond this sphere and raises questions for attempts to establish a common moral discourse upon the ideal of personal autonomy within multicultural societies generally. (shrink)

At the intersection of modern cultural and political history, security studies and debates about freedom of expression and international human-rights law, this article aims to contribute to a better understanding of political cartooning and its implications in multicultural societies of Europe, which have shifted in a geographical, cultural, normative, communicational, political and many other respects through the last two centuries. Through comparison of the Serbian cartoons from late nineteenth-century Croatia and the recent Danish cartoons of the Prophet Mohammad, the article (...) reveals that both modern and postmodern European cartoons have been centred around equally discriminatory narratives: a 'clash of civilizations' and 'racialization of religion'. Since open racial stereotyping in cartoons became illegal in the postmodern international regulations, traditional discriminatory practices of cartooning have shifted towards subtle, 'liquid' racism. This decodes some of the twelve Danish cartoons as ambiguous strategies of racialization of Muslim immigrants in Europe but also as hate speech which is illegal in the European Union, and member states of the Council of Europe. The author concludes that the most current European and international regulations of hate speech, whether concerning offline media or online media, actually protect free speech. While a truly clear-cut regulation of liquid racism might remain problematic in Europe due to the lack of a universally accepted definition of hate speech, neither strict legal regulations nor different definitions of hate speech could diminish the role of political cartooning as a viable free speech platform in the multicultural landscape of Europe. Ultimately, what diminishes its viability is the enduring lack of diversity in the creation of visual satire, which could and should reflect the multicultural reality of communities, politics and societies in Europe. (shrink)

Usually a novel’s subject is the individual in action. That individual must confront a set of social expectations and norms which define and limit him. In such novels the revelation of social expectations constitutes a central element in the artist’s depiction. The degree to which society limits the hero’s action, of course, varies widely. We can imagine a continuum along which the influence of society is arranged. Sociological/naturalistic novels, in which a social order is depicted as destructive, (...) define one extreme of that continuum. The protagonists in their suffering reveal this society’s destructive force. At the opposite extreme, society’s values and norms may be important in guiding and evaluating a protagonist’s movement toward his fate without society itself becoming an obstacle to his progress. We think, for instance, of Jane Austen’s novels. In the broad middle range of the continuum, protagonists struggle to realize their potential within social limitations, and their successes are usually partial. In assessing their triumphs, we must evaluate the obstacles they have encountered both in their own natures and in the natures of their social milieu.To make society the protagonist of a novel upsets the expectations of readers, first because the novel as a genre usually depicts the growth or change of protagonists moving from complications to stability, and second because the novel customarily concludes in some alteration of the protagonist’s external state and in some expansion of his understanding. With society as his protagonist, a writer commits himself to engaging our primary interest in the life of an abstraction or set of principles. Here, too, action is crucial. This kind of novel differs from a utopian novel, however, which focuses on ideas about society and whose principal end is to criticize or espouse a particular social order, not to engage us in working out instabilities through action. In novels in which society is protagonist, we are involved with the fate of an entire social order, and it is one about which we are made to care. The principal purpose is to present a society moving from a state of instability toward a qualitatively defined fate analogous to the movement of an individual hero.To achieve this end, characters become agents through which a social order realizes its fate. This function of character entails no simple inversion of the usual relationships between individuals and society, because characters can never be reduced to a backdrop the way society can, and society cannot easily achieve the particularity of definition and identity the way a character can. In attempting to discover narrative terms for realizing the fate of a society, a novelist faces an enormous technical challenge. He must make us care as much about a social order as he would about a particular individual, and yet he cannot write directly about ideas—he must record the actions of humans. Because his plot will focus on no single individual but on abstract processes and social hopes, he must constantly minimize individual fates and aspirations and make them clearly a function of society’s larger turmoil. Our empathy must rest firmly with the social principles being threatened rather than with any single character. With this end in view, a clearly defined, circumscribed arena for action becomes necessary. Literal battles, or scenes in which battles operate as a principal metaphor, frequently appear in such novels. By bringing many of the major characters together, defining and creating allegiances, and pitting opposing social principles, such battles provide an important context for measuring the progress of those values with which we empathize. (shrink)

From an early age, humans exhibit a tendency to identify, adopt, and enforce the norms of their local communities. Norms are the social rules that mark out what is appropriate, allowed, required, or forbidden in different situations for various community members. These rules are informal in the sense that although they are sometimes represented in formal laws, such as the rule governing which side of the road to drive on, they need not be explicitly codified to effectively influence (...) behavior. There are rules that forbid theft or the breaking of promises, but also rules which govern how close it is appropriate to stand to someone while talking to them, or how loud one should talk during the conversation. Thus understood, norms regulate a wide range of activity. They exhibit cultural variability in their prescriptions and proscriptions, but the presence of norms in general appears to be culturally universal. Some norms exhibit characteristics that are often associated with morality, such as a rule that applies to everyone and prohibits causing unnecessary harm. Others norms apply only to certain people, such as those that delimit appropriate clothing for members of different genders, or those concerning the expectations and responsibilities ascribed to individuals who occupy positions of leadership. The norms that prevail in a community can be more or less fair, reasonable, or impartial, and can be subject to critique and change. This entry provides an overview of interdisciplinary research into the psychological capacity for norm-guided cognition, motivation, and behavior. The notions of a norm and normativity occur in an enormous range of research that spans the humanities and behavioral sciences. Researchers primarily concerned with the psychology distinctive of norm-governed behavior take what can be called “cognitive-evolutionary” approaches to their subject matter. These approaches, common in the cognitive sciences, draw on a variety of resources and evidence to investigate different psychological capacities. This entry describes how these have been used to construct accounts of those cognitive and motivational features of minds that underpin the capacity to acquire, conform to, and enforce norms. It also describes how theories of the selective pressures and adaptive challenges prominent in recent human evolution have helped to inform and constrain theorizing about this psychological capacity, as well as how its features can influence the transmission and cultural evolution of norms. By way of organization, the entry starts with basics and proceeds to add subsequent layers of intricacy and detail. Researchers taking cognitive-evolutionary approaches to norms come from a wide range of disciplines, and have formulated, explored, and debated positions on a large number of different issues. In order to present a comprehensible overview of these interconnected literatures, the entry starts by laying out main contours and central tenets, the key landmarks in the conceptual space common to different theories and claims. It goes on to provide a more detailed description of the kinds of theoretical resources that researchers have employed, and identifies important dimensions along which more specific accounts of the psychology of norms have varied. It then canvasses different sources of empirical evidence that have begun to illuminate other philosophically interesting features of the capacity for norms. Finally, it ends with a discussion of the relationship between norm cognition and morality, with a few illustrations drawn from recent debates in moral theory. (shrink)

Over the past few decades religious studies have achieved some success in the development of categorical apparatus, which reflects the relationship between the believer and society. Theologians actively perceive such concepts as "personality", "activity", "needs", "value orientations", "communication". At the same time, the scientists specify the terminology concerning the conditions of the existence of the religious complex, in particular: "institutionalization", "modernization", "sense", etc. Need to further study the individual, sociopolitical, economic, religious factors that encourage the believer to activity in (...) accordance with the objective, objective properties of the environment in which they are implemented. The processes of origin, maintenance, changes in religious norms, values, patterns of activity and their accumulation by the laity, due to which the latter organize their own livelihoods in a dynamic, heterogeneous socio-cultural space, are attracted by the historical realities. This range of issues is defined by the notion of "lifestyle". (shrink)

Societies evolve practices that reflect social norms of appropriateness in social interaction, for example when and to what extent one should respect the boundaries of another person’s private sphere. One such practice is what the sociologist Erving Goffman called civil inattention—the social norm of showing a proper amount of indifference to others—which functions as an almost unnoticed yet highly potent privacy-preserving mechanism. These practices can be disrupted by technologies that afford new forms of intrusions. In this paper, we show (...) how new networked technologies, such as facial recognition, challenge our ability to practice civil inattention. We argue for the need to revitalise, in academic and policy debates, the role of civil inattention and related practices in regulating behaviour in public space. Our analysis highlights the relational nature of privacy and the importance of social norms in accomplishing and preserving it. While our analysis goes some way in supporting current calls to ban FR technology, we also suggest that, pending a ban and in light of the power of norms to limit what is otherwise technically possible, cultivating new practices of civil inattention may help address the challenges raised by FR and other forms of digital surveillance in public. (shrink)

The paper provides an innovative interpretation of the treatise De Victu, showing that, though Heraclitean, Anaxagorean and Empedoclean borrowings in the work are certainly pervasive, the author also develops a sophisticated and multi-purpose explanatory framework, which, being based on an original conception of the nature of man, the cosmos and the relationship between the two, provides an effective foundation for the medical enterprise, allowing him to propose his dietetics as a ‘way of life’. At the core of this enterprise is (...) the relationship between microcosm and macrocosm: in virtue of this relationship, I submit, the cosmos becomes both an active factor to be taken into account for the maintenance of individual physical well-being and the normative standard to which a dietician and whoever cares about health must refer in order to live the healthiest possible life. (shrink)

The term biodiversity is constituted as an object of scientific investigations through complex social and, in particular, socio-economic processes. Taking all these processes together we can speak of the global regulation of biodiversity. Conversely, analysing this social construction of nature is at risk of ignoring the material properties of biodiversity. To grasp both aspects, the social construction of biodiversity as well as the elements non-identical to this social construction, the term societal relationships with nature from the so called (...) Frankfurt School of critical theory is introduced. Starting from this approach, the perspectives of natural and social sciences are not really complementary. The thesis first involves an analysis of the different processes in which biodiversity is generated and presented as an object of social purposes and scientific investigations. Starting from the scientific problems emerging from the introduction of the new term we can come to a better understanding of how scientific research is connected with tendencies of the global society as a whole. Therefore problems of interdisciplinary research are interpreted as elements of the conflicts regarding the shaping of the societal relationships with nature in social reality. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Feminist Studies 41, no. 2. © 2015 by Feminist Studies, Inc. 259 Chloë Taylor Female Sexual Dysfunction, Feminist Sexology, and the Psychiatry of the Normal It is really weird that doctors should be the reigning experts on sex. —Leonore Tiefer1 The first volume of Michel Foucault’s The History of Sexuality provides a compelling and influential critique of the “sciences of sex.” In this work, Foucault suggests that there is (...) little that is scientific about the disciplines of psychoanalysis, psychiatry, and sexology that emerged in the nineteenth and twentieth centuries.2 In each case, Foucault argues that the authority of science is exploited to facilitate the regulation of sexuality in a biopolitical era in which the sex life of the population has become a crucial political stake.3 Sex, according to Foucault, is managed by doctors not so much to cure health problems as to enforce social norms, and sexual science does not provide the truth of sex or make people healthy, but naturalizes the monogamous, heterosexual, nuclear family.4 1. Leonore Tiefer, Sex Is Not a Natural Act and Other Essays (Cambridge, MA: Westview Press, 2004), 180. 2. Michel Foucault, The History of Sexuality: An Introduction (New York: Vintage, 1978). 3. Michel Foucault, The History of Sexuality: 133–160. See also Michel Foucault, Psychiatric Power: Lectures at the Collège de France 1973–1974 (New York: Palgrave -MacMillan, 2006) and Michel Foucault, Abnormal: Lectures at the Collège de France 1974–1975 (New York: Picador, 2003). 4. This is not to say that for Foucault doctors do not ever cure health problems or that their intentions are not to cure health problems. However, Foucault 260 Chloë Taylor Feminism has also posed powerful critiques of the sexual sciences. As Janice Irvine notes, feminist epistemology has rejected the purported neutrality of science, especially of the sciences that claim knowledge about sex and gender.5 Feminist and queer political theorists and activists have, moreover, “underscored the hollowness of solutions based on techniques” that are favored by sexologists; teaching men skills to resist premature ejaculation or to better stimulate their wives’ clitorises are not adequate resolutions to widespread and profound dissatisfactions with sex, gender, and marriage in a heterosexist and patriarchal society.6 As Irvine writes, Feminism and lesbian/gay liberation…challenged power inequalities between men and women and questioned the very concepts of maleness and femaleness, masculinity and femininity.…They presented alternatives to tradition and to expert power and authority. Therein lay their threat to American sexology.7 Given this antagonistic relationship, combining feminism and sexology has proved controversial. The work of feminist sexologist Shere Hite in the 1970s and 1980s was critiqued by sexologists and feminists alike: sexologists complained that the 1976 Hite Report was political and thus undermined the scientific prestige of sexology, while feminists criticized Hite for aspiring to a masculine scientific authority.8 Describing the relationship between feminism and sexology, Irvine notes that “the incompatibility of their concerns—science and market, on the one hand, versus shows that what we consider “healthy” is thoroughly political and that the effect of doctors’ practices is normalizing whatever their intentions may be. For two recent Foucauldian studies of the ways that medical and sexual science function to sexually normalize individuals and populations, see Ladelle McWhorter, Bodies and Pleasures: Foucault and the Politics of Sexual Normalization (Bloomington: Indiana University Press, 1999); and Ladelle McWhorter, Racism and Sexual Oppression in Anglo-America: A Genealogy (Bloomington: Indiana University Press, 2009). 5. Janice Irvine, Disorders of Desire: Sexuality and Gender in Modern American Sexology, rev. ed. (1990; repr., Philadelphia, PA: Temple University Press, 2005), 101. 6. Ibid. 7. Ibid. 8. Ibid., 117. Chloë Taylor 261 progressive political change, on the other—led…to a contentious and emotionally charged history.”9 Drawing on both Foucauldian and feminist perspectives, this article explores a new chapter in this history, examining self-described feminist sexologists’ responses to the psychiatric diagnoses of Female Sexual Dysfunction (FSD). While psychologists had pathologized female sexuality under the label of frigidity since the nineteenth century, sexual dysfunctions were relatively marginal in the first edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM), published in 1952. In the DSM-1, frigidity (like impotence) was... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The 2007 Meeting of the Society for Buddhist-Christian StudiesSan Diego, California, November 16–17, 2007Peter A. HuffThe Society for Buddhist-Christian Studies sponsored two sessions in conjunction with the 2007 annual meeting of the American Academy of Religion (AAR). Each session highlighted themes related to the work of a major figure in Buddhist-Christian dialogue. The first session, addressing the topic “Homosexuality, the Church, and the Sangha,” was organized in (...) honor of Roger Corless (1938–2007), longtime member of the society, dual practitioner of Roman Catholicism and Vajrayana Buddhism, and a well-known voice for “queer sangha.” The second session, a panel discussion titled “The Thought and Legacy of Masao Abe,” focused on the career achievements of Abe (1915–2006), widely acknowledged as one of the most innovative and influential scholars in modern Zen studies, interreligious dialogue, and comparative philosophy.The first session, moderated by Harry Wells (Humboldt State University), featured three papers on issues of gender, sexual ethics, and religious identity. Robert Fastiggi, professor of systematic theology at Sacred Heart Major Seminary (Detroit), presented the paper “The Catholic Church and Homosexuality.” Arguing that the Catholic tradition avoids an “either/or” approach to homosexuality, he outlined the church’s official distinction between morally neutral homoerotic identity and what Vatican documents call “intrinsically disordered” homosexual acts. He also noted that Catholic researchers differ significantly on the question of the genetic origins of same-sex attraction. The key to Catholic moral teaching on homosexuality, he explained, is a “theology of the body” that envisions male-female complementarity as the divinely ordained pattern of creation. Fastiggi suggested that further discussion of related ideas such as celibacy, chastity, desire, and concupiscence would enhance future Buddhist-Christian dialogue on homosexuality.Ilene Stanford, a ThD candidate in religion, gender, and culture at Harvard University, presented the next paper, “In or Out? Marriage as a Social Practice.” Describing marriage in the United States as a “site of contestation,” she explored the conflicting [End Page 137] models of sexual union that currently inform public debates in political and ecclesiastical contexts. Using William Johnson’s A Time to Embrace: Same-Gender Relationships in Religion, Law, and Politics (2006) as a point of departure, she argued that many contemporary examinations of sexual relationships, even some of the most inclusive, fail to reckon with the way in which the West’s Augustinian legacy continues to make heterosexual marriage the norm for all moral reflection on sexual identity and expression. The escalating controversy in the international Anglican community, she said, exposes the weaknesses of Johnson’s “deliberative democracy” model and other theoretical models that minimize the role of political and social power in the construction of sexual ideals.José Ignacio Cabezón, who holds the XIV Dalai Lama Chair in Tibetan Buddhism at the University of California, Santa Barbara, presented the final paper: “Is Homosexual Sex ‘Sexual Misconduct’? Critical Reflections on Some Classical Indo-Tibetan Sources.” Analyzing the changing portraits of sexual immorality in the Pali canon, Indian Sanskrit texts, and Tibetan scholastic treatises, Cabezón traced the evolution of monastic commentary on lay sexuality over the course of several centuries. What originated primarily as a simple prohibition against some forms of male adulterous activity, he explained, eventually became an unprecedented attempt to regulate intricate details of sexual behavior. Identifying Ansanga (fourth century ce) as the first Buddhist writer to proscribe same-sex activity between men, Cabezón suggested that changing social mores, intra-Buddhist debates, and the fertile monastic imagination contributed to the gradual elaboration of moral teaching in ancient and classical Buddhist literature.After the paper presentations, Richard Reilly, professor of philosophy at St. Bonaventure University, responded with provocative comments. He raised critical points about the significance of the distinction between sexual acts and erotic relationships, the strategic though limited value of “deliberative democracy” in multicultural faith communities, and the need for more rigorous comparative study of homophobic legislation in Buddhist and Abrahamic religious traditions. Sparking an engaging discussion among presenters and members of the audience, Reilly’s remarks underscored the importance of ongoing interdisciplinary investigations into homosexuality, the church, and the sangha.The society’s second session at the AAR provided a venue for former... (shrink)

This paper brings together two lines of thought. The first is the broadly contextualist idea that what is takes to satisfy central epistemic concepts such as the concept of knowledge or that of objectively justified belief may vary with the stakes faced in settings or contexts. Attributions of knowledge, for example, certify an agent to those who might treat them as a source on which to rely. Henderson and Horgan write of gate-keeping for an epistemic community. The second line of (...) thought turns on the idea that such central epistemic concepts are keyed to the conformity with epistemic norms for the fitting fixation of belief—and that the epistemic norms function in important ways as social norms by which folk regulate their epistemic lives as members of communities of interdependent agents. The two lines of thought are practically made for one another! I develop the connections and show how the results both vindicate and reinforce a form of contextualist epistemology, but refine and limit the range of contextual variation one should envision. (shrink)

Generally, regulation is thought of as a constant that carries with it both a formative and conservative power, a power that standardises, demarcates and forms an order, through procedures, rules and precedents. It is dominantly thought that the singularity and formalisation of structures like rules is what enables regulation to achieve its aim of identifying, apprehending, sanctioning and forestalling/pre-empting threats and crime or harm. From this point of view, regulation serves to firmly establish fixed and stable categories (...) of what norms, customs, morals and behaviours are applicable to a particular territory, society or community in a given time. These fixed categories are then transmitted onto individuals by convention, ritual and enforcement through imperatives of law (and technology) that mark certain behaviours as permissible and others as forbidden, off bounds. In this manner, regulation serves a programming (i.e., a calculable or determinable) purpose. It functions as a pro-active management or as a mastery of threats, risks, crimes and harms that affect a society and its security both in the future and in the present. Regulation for instance, will inscribe and codify what it determines to constitute crime or harm such as pornography, incitement of terrorism, extremist speech, racial hatred etc. These determined or calculated/calculable categories will then be enforced and regulated (e.g. through automated filtering) in order to ensure a preservation of public order within society. Drawing mainly from deconstruction, this article situates law and technologies within a wider ecological process of texts, speech and writing i.e., communication. In placing regulation within disseminatory and iterable processes of communication, this article complicates, destabilises and critiques the dominant position of determinability and calculability within the regulatory operations of law. (shrink)

Drawing on interviews with 140 young British males, this article explores the ways in which men talk about their own bodies and bodily practices, and those of other men. The specific focus of interest is a variety of body modification practices. We argue, however, that the significance of this analysis extends beyond the topic of body modification. In discussing the appearance of their bodies, the men we interviewed talked less about muscle and skin than about their own selves located within (...) particular social, cultural and moral universes. This article shows that, in talking about seemingly trivial questions such as whether to have one’s nose pierced or join a gym, men are actively engaged in regulating normative masculinity. Our analysis lends support to the claim that the body has become a new (identity) project in high/late/post-modernity, but shows how fraught with difficulties this project is for young men who must simultaneously work on and discipline their bodies while disavowing any (inappropriate) interest in their own appearance. The analysis highlights the pervasive individualism of young men’s discourses, and the absence of alternative ways of making sense of embodied experiences. (shrink)

continent. 1.1 (2011): 22-25. The Author gratefully acknowledges the financial support of CAPES (Coordenação de Aperfeiçoamento do Ensino Superior), Brazil. From the multifarious subdivisions of semiotics, be they naturalistic or culturalistic, the realm of semiotics of value is a ?eld that is getting more and more attention these days. Our entire political and economic systems are based upon structures of symbolic representation that many times seem not only to embody monetary value but also to determine it. The connection between monetary (...) and linguistic exchanges is self-evident: the former requires the latter and develops in direct relation to it. Creative experimentation and design of digital systems of value exchange are blossoming on the web. Dr. Gilson Schwartz, an economist turned media theorist and professor at the University of São Paulo, adopted the concept of Iconomics, originally created by Michael Kaplan, an author concerned with the linguistics of economic value. Empowering local communities and unlocking new levels of value creation and representation via digital technologies are the main goals of Dr. Schwartz’s projects, aiming at the re-designing of our relationship to the economic value of imagination and the social control of property. Schwartz is Assistant Professor at the School of Communication and Arts of the University of São Paulo, a former Chief Economist at BankBoston, Brazil and Advisor to the President of the National Social and Economic Development Bank (BNDES). FURTHER READING: Kaplan, Michael. “Iconomics: The Rhetoric of Speculation.” Public Culture . 15.3 (2003): 477-493. Renata Lemos-Morais: You have recently produced and directed a short documentary about Creative Currencies in Latin America. Could you tell us a bit about its process and its findings? Gilson Schwartz: The “Creative Currencies” project is a work-in-progress platform which unfolds as an action research agenda connected both to the production of audiovisual content and the development of social currency software. The initiative dates back to 2003 when I led an experimental project supported by the Presidency of Brazil. At that time, we issued paper currency in a small, touristic village in the Northeast Region which stimulated local cultural projects. But it was only in 2009 that the Central Bank of Brazil acknowledged “social currencies” as a legitimate economic agenda, calling for more debate at the I Financial Inclusion Forum. This year, the monetary authorities organized a second forum that also opened the room to discussions on mobile payment systems and new perspectives on poverty alleviation via State subsidies. The Ministry of Culture funded the “Creative Currencies” project in 2009-2010 and our next stage in this discovery process is to be supported by the National Social and Economic Development Bank (BNDES). In short, there is genuine interest among public officials in different areas and public funding for social currencies is on the rise in Brazil. However, after all these years we are still at a very early stage of research and practice. Some of the most successful initiatives (such as Banco Palmas) actually evolved out of local monetary creation to become correspondent banking operations for commercial banks and other financial groups. After eight years of price stability and social inclusion, Brazil stands out as a major opportunity for social experimentation, even the Grameen Bank is now entering the Brazilian market and many NGOs are geared towards different forms of entrepreneurialism in the base of the pyramid, riding solidarity economic models, microfinance and microcredit for local development. It is yet to be seen, however, whether these developments are just one more stage of “bankarization”, that is to say, an extension of regular banking services or actually a new form of social and symbolic self-determination at the local level. So far, the Central Bank of Brazil is open to new forms of credit and local finance as long as they are strictly territorial and very close to barter among the poor. In other words, whether the process of monetary creation could be made to fit an open source paradigm is yet to be seen. Community banking and social currencies might as well end up as just another channel for access to and use of banking services. The “Creative Currencies” project aims at promoting the discussion of more fundamental issues, such as the limits of central banking, the prospects for local financial development and the possibility of creating and managing financial icons as cultural assets. The purpose of this project is to produce short documentaries that will bear testimony to this evolving regulatory framework while inducing more discussion about the fundamental iconomic issues concealed in the process of money and wealth creation. RLM: What new potential is there in applying digital technologies to currency creation? GS: Globalization is a result of the virtualization of money, that is, the overcoming of illusions such as the “gold standard”. Money is an icon created by institutions, not on supposedly natural or material foundations but out of political and financial interests. The “dollar standard” is an outstanding evidence of this phenomenon and Kaplan´s paper, the first to use the expression “iconomics”, insists on the rhetoric and semiotic effects associated to a supposedly scientific model of money creation and management. This is a fundamental change that was perceived and discussed much before the digitalization of the world by unorthodox economists such as John Maynard Keynes since the early 20th century. The digitalization of global financial flows accelerated this immateriality and the creation of the Euro was yet another evidence of the political foundations of currencies. The banking establishment, however, is keen on the idea that scientific formulae hold the key to sound money creation. Keynesianism has been repeatedly associated to “inflationism” while the supposedly sound monetary policies of the Orthodoxy serve well the political and financial interests of a technocratic elite. Corporate media also serve this fictitious depiction of the monetary process despite the cyclical bust of monetary rules and financial regulations. The internet, however, has created numerous opportunities for the disintermediation in industries such as film, music and commodities. There is no reason to doubt that the financial industry can also be transformed by Peer-to-Peer (P2P) infrastructures. Money is media as well. Credit is but confidence. Once people realize that the distributed computing power of networks can also be the platform to weave new monetary and credit operations, there is room for grassroots emancipation out of the established owners of monetary institutions. So far, however, there has been a privatization of monetary management and there is not a clear path or model for the emergent (P2P) property democratization that is inherent to the internet. Digital assets, however, clearly have an inherent potential to escape central control and proprietary regulatory frameworks. RLM: How are social networks transforming the ways in which we exchange value? Do you believe that online influence and reputation might be translated into a new kind of currency? GS: The foundation for social currencies as envisaged by solidarity economics is the territory. Authorities are willing to concede local monetary creation as long as it is restricted to poor neighborhoods, as a proxy to barter. In this relevant but limited context, reputation, personal knowledge and informal ties form the matrix of local or “proximity” finance which are expected to keep credit and leverage to a sustainable level. Anything beyond that should and would lead to an integration of local finance into the established banking system. However, inasmuch as the internet promotes virtual territories and reputation is now subject to all sorts of digital manipulation and stardom becomes an everyday cultural process among teenagers and elders alike, the territorial “foundation” is substituted for more complex patterns of solidarity, cooperation and exchange that reach beyond the physical territory and even the “human.” Digital assets embody knowledge, technology, cultural and educational values that are exchanged at a global scale beyond the control of democratic States (Chinese-like intervention is the exception, not the rule). Hacktivism is unstoppable and so is monetary hacktivism. Especially in the Third World, mobile communications fast became conveyors of money transfers and other appropriation strategies. Banking and telecom sectors already battle for the control of these emerging markets and, as a matter of fact, have so far contributed to the containment of these processes. Governments serve these moguls and have usually adopted a wait-and-see attitude. If open source hardware and grassroots social movements combine to challenge these proprietary battles, then social networks may evolve into new forms of social capital and thus form the ground on which to design and implement social currencies. The global financial crisis, as well as the dollar demise, are an event of such a proportion that social networks may open the path for emancipator subjects to seize the opportunity. RLM: What are some of the social experiments that you think are revolutionizing the way in which value is exchanged? GS: There is a broad evolution of economic systems towards the valuation of intangible assets such as knowledge, reputation and sustainability. There are many examples of local as well as global events that call the traditional systems of exchange into question, from carbon credits to educational bonuses, digital barter frameworks and locally based solidarity and fair trade networks. These emerging examples, no matter how different in nature or scale, represent a challenge to the traditional value creation schemes and theories which are based on use and exchange value, supply and demand. This is not to say that utility and labour or scarcity are to be totally dismissed, but there is now an emerging perception that value is also a function of behavioral codes, symbolic patterns and the energy of institutional frameworks. The plasticity of digital platforms is relevant insofar as intellectual property becomes the central source of value creation. But when you discuss the property rights of public goods such as the environment or basic social rights (of minorities or localities), then a new paradigm seems to emerge. RLM: Are gaming and online storytelling digital practices that might have an impact on the way new currencies are created and developed? GS: “Play money” has been one of the early and most intriguing phenomena associated to the diffusion of virtual worlds. These virtual currencies have also been prone to “boom and bust” dynamics, speculation and pure theft (Second Life scams were common and led to “intervention” by the owners of the game). Storytelling is a major source of value, that is, the value of attention and the markets for audience. There are plenty of private monies created and managed by corporate entertainment groups, telecom operators (via mobile virtual network operators) and marketing frameworks. The casino economy, as already depicted by Keynes and other unorthodox economists, is always storytelling about future states of the world, confidence building and leverage of animal spirits. The novelty of current events is not the fictitious nature of any form of capital, but the potential for digital democratization of controls over the imaginary nature of value creation. But this is just a potential, a possibility, a figment that more often than not is appropriated by centralized and opaque private powers. The game industry is a testbed for new connections between storytelling and money creation. RLM: Monetary value was originally connected to the scarcity of precious metals, such as gold. Our entire monetary system seems therefore to function according to a logic of scarcity. Do you believe it is possible to reverse this logic into a logic of abundance? GS: The gold standard was a fiction itself, the “scarcity” is always produced by institutions that regulate confidence and access to credit. The key issue is not to fabricate abundance, but to question the institutions which produce scarcity out of any standard, gold or whatever. Central banks are at the service of private banks in the creation and management of scarcity. RLM: The promise that nanotechnology holds for our future is one of radical abundance (or so say transhumanists). The possibility of creating any kind of material substance through nanoengineering seems each day more feasible. What would this possibility entail in terms of systems of value exchange? GS: Nanotechnology, environmental concerns and grassroots appropriation of distributed knowledge are the frontiers of a new horizon of energy creation and management. Social groups in charge of managing scarcity for the sake of wealth and power concentration must be held accountable for the destruction of our future. Once this key political conundrum is accounted for, new systems of value exchange and even a non-mercantile society will come into existence. Revolutionary theorists such as Marx envisaged transformation via the extreme clash of contradictions between capital and labour. This approach has never led to a change in the systemic logic of scarcity for the sake of social control. We are once again facing the threshold of large scale societal change, but the outcome of the current crisis should come from our imagination, not from yet another paradox of abundance and scarcity. As long as we remain attached to the materiality of value, the illusion of freedom will but reinforce the massive manipulation of necessity. RLM: What do you think is the role of crowdfunding in this context? GS: Crowdsourcing as well as crowdfunding are examples of the peer to peer opportunities that come along with distributed computer power. However, the power structure behind wealth and scarcity creation may or may not be changed by crowd management. But it should not be taken at face value, so to speak. The stock market of course is an early form of crowdfunding without calling into question the proprietary framework of the companies offering their investment projects to the market. Any market is a form of crowdsourcing, that is to say, of distributed forms of supply and demand matchmaking. The wealth of networks, however, depends on the contractual ecosystem, the institutional framework, the channeling of social imagination, not on the purely quantitative distribution of bids and offers. I see economics as supply, demand and code. Once you have access to the code, once openness becomes part of the game, then there is a chance of crowd behavior becoming collective intelligence and sustainable imagination. RLM: Is the development of digital currencies headed towards a pluralistic ecology in which many micro currency systems co-exist, or is it penetrating the mainstream monetary system? If it is affecting the mainstream financial system, what would be its effect in the long-term? GS: The same issue is at stake both at local and global levels. The global system is, as a matter of fact, an unstable ecosystem of “micro currencies” whereas the dollar has so far exerted an overwhelming influence. Local currencies and private monies coexist with national currencies only to the extent that the Central Bank admits, for instance, that grassroots monetary emissions remain territorial and strictly connected to poverty. However, the question of how new developments in digital technologies and nanotechnologies might alter not only our current monetary systems but also our understanding of value in itself, is still an open question. (shrink)

Firms may find competitive adjustment difficult because they are hamstrung by rigid labor market rules. However, such difficulties may also be caused by conflicts between strategic choices in the management of human capital and the opportunities and limitations created by a given regulatory framework. This latter possibility has been almost totally ignored in the debate regarding the urgency and content of labor market reforms in countries whose labor market institutions have been labeled as “rigid” by international experts. This article uses (...) the results of qualitative interviews with Spanish employers to suggest that strategic choices may be far more important in determining the consequences of labor market institutions than is generally recognized. I show that these choices are often the result of beliefs about how labor market institutions should work. These findings suggest that supposedly “neutral” calls for greater efficiency in labor market institutions are really arguments about the relative appropriateness of different expectations regarding how firms should pursue adjustment, expectations that are directly related both to the relative balance of power between employers and workers and to the structure of their relationship. In other words, the phrase “politics of labor market reform” should be understood to refer not only to the political consequences of reforms but also to the inherently political nature of the reforms themselves. (shrink)

The purpose of this article was to comprehensively explore the phenomenon of the narrative of the Decalogue in its fundamental principles in the context of the theological understanding of Jewish law. For this purpose abstract-logical methods, historical-legal, phenomenological, axiological, epistemological methods, method of critical and systematic analysis and method of comparative theology were used. The result is a theological understanding of the basic moral and legal principles and reducing to a single, systematic; a study of the correlation between the normative (...) and the moral side of such a narrative was conducted. Of particular importance is the establishment and isolation of the basic initial principle in the defined context that underlies both Sinai law and all the biblical law. Because with the change of historical realities, which coincided with the destruction of the Temple and the termination of sacrifices, the law has also changed. However, the biblical law was of particular ideological importance, it set the tone and revealed and formed the basic principles for the further development of all Jewish law. Therefore, in our study we have drawn attention to the main ideological features of the biblical laws, because in our opinion, the basic formative essence is hidden in them and only by understanding it − will we be able to understand Jewish law itself. However, the phenomenon of law and even more so of Jewish law, is one of the best regulators and exponents of the educational principle that is designed to raise a person in love. Of course, morality is called for it and it should take precedence over everything else, but the legal part should not be ignored. Law should serve as a socially just, integrative, fundamental, binding, most effective, most respected regulator. Therefore, the problem of combining legal principles and moral precepts for biblical law did not stand basically. The significant part of the adopted legal norms initially was characterized by moral prescriptions, confirmed and expressed by law. Such a transition, the shift from morality to law, and the close relationship between them are one inseparable whole. And apart from Halacha, which was responsible for the legal aspect, there were also the writings of the prophets whose task was to illuminate the transition from law to morality, because precisely morality is the essence of everything. Here is the true meaning of the existence of a legal expression of such an educational principle. Thus, the basic educational principle of the Decalogue, in particular, and of biblical law in general, was to educate a high-moral person who had restrictive precepts that would not allow him to fall into lawlessness, and the formative commandments that would allow a person to be educated in the search for God, and to stabilize himself in the godlike state commanded by God through Moses. That is the essence of the Decalogue and Jewish law. The educational principle, both basic and effective, though not so familiar to the modern understanding of the nature of law, is precisely the principle that laid down both the basis of the Decalogue and the foundation of all Jewish law at least in its biblical part. (shrink)

My paper will explore boundaries and rights, the public and the private, as to the enforcement of religious legal rules in societies self-consciously founded on Islamic law. I employ as my case-study legal and social controversies aroused by the Saudi Hay’at al-amr bi-al-ma`ruf wa-al-nahy `an al-munkar, the government agency charged with “ordering the good and forbidding the evil.” The paper will first lay out some of the laws fixing the powers of the Hay’at, including various statutes issued by the king (...) but, of equal or greater importance, the received medieval fiqh rules governing the muhtasib . Focus shall be on an issue much debated in the classical law and also a long-time bone of contention in Saudi society, namely the legal limits on the powers of the Hay’at to investigate and punish immoral acts occurring in private. Limits on such powers stem from two sources, both in the law and in social understandings of that law. One source, the more prominent in public debate, concerns revelatory and fiqh and related social norms against spying or prying into people’s behavior and against undue attempts to expose people’s sins. Notably, however, this restriction affects only enforcement. The pervasiveness of laws considered to arise from the relationship of the individual to God still stands. A solitary immoral act performed in privacy can still be a sin and a crime, and punishable if it is somehow legitimately known and proved . The second source of restrictions is more far-reaching, going beyond issues of investigation and proof. As held by the majority of scholars, the Hay’at may not compel or forbid any actions for which the religious-legal ruling is under classical law a matter of legitimate difference of scholarly opinion; or inversely, the Hay’at may compel or forbid only those actions as to which there is a divine command known to a certainty either from a revealed text or from the consensus of scholars. A commonly noted abuse by the Hay’at in Saudi Arabia has been to attempt to enforce rules lacking requisite certainty, such as requiring veiling of the face. Rules known to a certainty have a pervasive role in Islamic constitutional theory. In principle, such rules must be enforced, regardless of whether they concern matters other societies may consider individual or private, such as changing one’s religion. Rules lacking that high degree of certainty cannot – without separate justification on grounds other than religious text – define sins or crimes or be enforced as general rules by the state. Though seemingly scholastic and philosophical, this restriction is potentially crucial in defining a realm of individual autonomy in religious matters and shaping the boundary between public and private in societies self-consciously founded in Islamic law. It is important to examine to what extent the restriction is reflected in legal and social practice in such societies. (shrink)

The availability of the defence of belief in consent under section 265(4) is a question of law, subject to review on appeal. The statutory provision is based on the common law rule that applies to all defences. Consideration of the defence when it is unavailable in law and failure to consider it when it is available are both incorrect. A judge is most likely to avoid error when ruling on availability of the defence if the ruling: (1) is grounded on (...) sound analysis of the substantive basis for the defence and its relationship to the principles of criminal responsibility; and (2) uses precise legal criteria to govern practical application of section 265(4) to the evidence in specific cases. The guidelines proposed in Part I are based on analyses of the substantive defence and culpable awareness and were developed to ensure that appropriate criteria are properly used when section 265(4) is applied. When a trial judge rules that the defence is available in law, the trier of fact must determine whether the defence is available on the facts as found, based on the evidence in the case. The model jury instructions proposed in Part II are designed to ensure that deliberations by the trier of fact are also guided and shaped by appropriate legal criteria. At both stages, the objective is to ground the deliberation process on fact, not fiction, and to regulate the exculpatory effect of the defence by using legal norms to exclude excuses based on extra-legal considerations such as sexual/racial fantasy, stereotype and myth, or community attitudes and custom. (shrink)

ABSTRACT The concept of ‘intimate citizenship’ stresses the right of people to choose how they organize their personal lives and claim identities. Support and interest groups are seen as playing an important role in the pursuit of recognition for these intimate choices, by elaborating visible and positive cultures that invade broader public spheres. Most studies on intimate citizenship take into consideration the exclusions these groups encounter when negotiating their differences with society at large. However, much less attention is paid (...) to the ways in which these groups internalize the surrounding ideologies, identity categories and hierarchies that pervade society and constrain their recognition as full citizens. In contrast, this paper aims to emphasize the reproduction of otherness within alternative spheres of life, and to reveal the ambiguities and complexities involved in their dialectic relationship with society at large. To address this issue, the paper focuses on the role that ‘adoption cultures’ of Flemish adoptive parents with children from Ethiopia play in the pursuit of being recognized as ‘proper’ families and full citizens. The ethnographic research among adoptive parents and adoption professionals shows a defensive discourse and action that aims at empowering against potential problems, as well as a tendency to other the adoptive child by pathologizing its non‐normativity. By showing the strong embeddedness of adoptive families' practices of familial and cultural construction in larger cultural frames of selfing and othering, characterized by biologism and nativism, one begins to understand the limits of their capacity to realize full citizenship. (shrink)

The purpose. Critical social philosophy of education strives to provide a radical critique of existing models of education in the so-called Western models of democracy, creating progressive alternative models. In this context, the proposed integrative metatheory, which is based on classical and modern sources, concepts, aims for a comprehensive understanding and reconstruction of the phenomenon of education. One of the main tasks in the sphere of education’s democratization today, therefore, is to bring to education the results of restructuring and democratization (...) of the society, to reflect changes in conditions of life and thinking, experience and transformation of subjectivity in the context of the technological revolution and globalization. Methodology. The critical social theory, which developed in the framework of contemporary neo-Marxism, indicates the need for a thorough analysis of society, however, unlike other theoretical concepts and research programs in order to analyze not a fixation and a statement of the existing social givens. On the contrary, critical analysis of society involves the identification of existing antagonistic, alienating factors that distort public communication.The subject of social analysis is the whole sphere of human and non-human nature, which interacts a person depend on it, the whole system of relations between society and nature, society and man, which is covered by the historical practice of conscious – "praxis". The representative of "pure science" isn't the learning, research subject. He is a public a person, which is the totality of all social definitions included in society and its constituent individuals. For such a "total subject" Object of interest is not something external; on the contrary, the latter appears as a product of his own activity. The scientific novelty examines trends in educational institutions and models of globalizing society in the context of our particular relationship of education and society, man and the state, and processes. The research and systematic analysis of neoliberal reforms at the level of society in general and education in particular are conducted. It examines substantive, structural and functional characteristics of the concept of «critical social philosophy of education» in the context of institutional tendencies of social life, as well as forms and possibilities of its methodological application. It consider a model of «critical social philosophy of education», as embodied in the programs of social development and learning, which are primarily designed to teach people how to lead an independent and original research themselves, society and knowledge systems. However, it is proved that the models and programs should not be cut off from any individual and the collective system of moral and social values, theoretical and applied training, nor from further use of the acquired values, norms and skills in everyday life, science, or in production, sphere of all social institutions. Conclusions. Critical philosophical, educational, pedagogical-psychological surprisingly theory, its models and concepts seek to redefine public and private and the public mind. Based on these grounds, in the future, it allows philosophy of education to develop a more inclusive philosophical vision of education, to apply directly to the problems of democratization and changes in social relations in the direction of equality and social justice in the field of education. The point of view of socio-philosophical and philosophical-еducational, pedagogical-psychological, normative understanding and social critics also requires the use of active efforts in the reconstruuction of education and society, the social vision of what education and human life can be and what their specific limitations in existing societies. (shrink)

The aim of the paper is to provide a relational explanation of the sources of moral normativity, within a Neo-Kantian framework. To this purpose, the key notions employed are those of we-society and stance-taking, developed by Neo-Kantian philosopher Heinrich Rickert. Specifically, by resorting to such notions, the paper attempts to overcome two limits ascribed to the theory of moral normativity of Ch. Korsgaard: namely W. Smith’s objection of solipsism and S. Crowell’s problem of non-deliberate action, whereby Ch. Korsgaard’s identification (...) of the source of normativity in reflection would lead her theory to a form of solipsism and to failing to explain actions based on so-called ‘mindless coping’. In tackling these objections, the paper outlines a Rickertian inspired theory, according to which the sources of moral normativity can be explained on the basis of the heterological I-You relationship, which is the foundation of the we-society intended as a set of values, patterns of expectations, tacit consents, and procedural knowledge. (shrink)

The present paper addresses the mutual relationship between society and law in shaping women’s law in Islam from the perspective of the sociology of law. It analyzes the role of pre-Islamic social, political, and economic structures in the Arabian Peninsula in modeling women’s law and highlights some customary laws which were rejected or revived and integrated in Islamic jurisprudence. In this regard, the paper reviews issues such as polygyny, rights to inheritance, marriage, the process of testimony and acceptable forms (...) of evidence in legal matters, diyya, the exclusion of women from the judiciary and the system of issuing fatwa, natural right of guardianship of underage children after divorce, and regulations related to the veil. Finally, referring to the manner of the Prophet of Islam, the paper suggests that ʿurf can be considered as a source of Islamic legislation alongside other commonly known sources of fiqh. (shrink)

The article uses a case study of relationships in American manufacturing industries to demonstrate the utility of documenting the “relational work” that managers do as they negotiate circumstances where either roles or norms are ambiguous. It shows that the explicit identification of the role that relational work plays in those relationships story militates for—and extends, improves upon, and arguably completes—a particular understanding of what economic sociologists should mean when they talk about the “embedding” of the economic in (...) social relations. The article hence shows the utility of jointly using otherwise disparate perspectives in the analysis of interorganizational relationships, and thus contributes to the development of a more unified paradigm in economic sociology. (shrink)

The theory of justice is one of the most intensely debated areas of contemporary philosophy. Most theories of justice, however, have only attained their high level of justification at great cost. By focusing on purely normative, abstract principles, they become detached from the sphere that constitutes their “field of application” - namely, social reality. Axel Honneth proposes a different approach. He seeks to derive the currently definitive criteria of social justice directly from the normative claims that have developed within Western (...) liberal democratic societies. These criteria and these claims together make up what he terms “democratic ethical life”: a system of morally legitimate norms that are not only legally anchored, but also institutionally established. Honneth justifies this far-reaching endeavour by demonstrating that all essential spheres of action in Western societies share a single feature, as they all claim to realize a specific aspect of individual freedom. In the spirit of Hegel’s _Philosophy of Right_ and guided by the theory of recognition, Honneth shows how principles of individual freedom are generated which constitute the standard of justice in various concrete social spheres: personal relationships, economic activity in the market, and the political public sphere. Honneth seeks thereby to realize a very ambitious aim: to renew the theory of justice as an analysis of society. (shrink)