Si la loi salique empêche les femmes de régner par elles-mêmes, elle leur confère finalement un pouvoir considérable lors des minorités royales. Incapables d’usurper, les reines mères se voient régulièrement confier le gouvernement en même temps que l’éducation de leur jeune fils à la mort de l’époux. L’amour maternel, inscrit dans le registre des lois naturelles, est un argument régulièrement évoqué, tant pour contrer la naturelle incapacité des femmes à gouverner que les jurisconsultes avancent pour justifier la loi (...) class='Hi'>salique, que pour appuyer l’autorité sans pareille des régentes. Mais au-delà d’une rhétorique du pouvoir, le lien filial qui unit mère et fils, lesquels sont aussi reine et roi, permet la reconstitution d’un couple royal qui représente à la fois continuité dynastique et stabilité politique. A ceci près que, dans cette figure du pouvoir reconstituée, le fils procède de la mère quand la reine devait son titre à l’époux. Ainsi, le devoir de maternité imposé à la souveraine permet certes un accroissement de la puissance monarchique, ne serait-ce que par la transmission, au jeune monarque, des héritages maternels et paternels, mais assure aussi à la reine de France une puissance que les bornes imposées par l’institution ne peuvent contenir, en contrôlant, par l’exercice de la régence, la source même de son autorité. (shrink)

La France a connu, dans la seconde moitié du XVIe siècle, près de quarante années de conflits civils et religieux, dans lesquels les femmes, toutes sortes de femmes, ont été très présentes. Comme cibles des crimes de guerre bien entendu, mais aussi comme comploteuses, comme espionnes, comme propagandistes, comme négociatrices des paix ­ et même comme combattantes, à la défense des villes ou des châteaux, « pique à la main ». Cette activité des femmes, que soulignent toutes les sources, s'explique (...) par divers phénomènes sociaux, politiques et culturels propres à la Renaissance ­ notamment la vigueur du débat sur le rapport des femmes au pouvoir (la dernière guerre civile ayant divisé partisans et détracteurs de la loi salique). Histoire patente, passionnante, et pourtant effacée : absente des livres d'Histoire, éradiquée de la mémoire des Français. C'est qu'elle touche à la guerre, à la paix, à la violence, à la vie de la cité : au cœur de la domination masculine. (shrink)

This paper supports the personal data platform cooperative as a means of bringing about John Rawls’s favoured institutional realisation of a just society, the property-owning democracy. It describes personal data platform cooperatives and applies Rawls’s political philosophy to analyse the institutional forms of a just society in relation to the economic power deriving from aggregating personal data. It argues that a society involving a significant number of personal data platform cooperatives will be more suitable to realising Rawls’s principle of fair (...) equality of opportunity. (shrink)

Schlusslogische Letztbegründung is a collection of essays in honor of Kurt Walter Zeidler. Mr. Zeidler is a distinguished Kant- and Neo-Kantian-scholar who has reconstructed Kant's concept of transcendental logic in connection with the logic of the concept of Hegel and the logic of symbolization of Peirce. (cf. Zeidler: Grundriss der transzendentalen Logik, 3rd ed., Wien 2017) He has most notably inquired intensively into the relation of transcendental logic to philosophy of science (cf. Zeidler: Prolegomena zur Wissenschaftstheorie, Wien 2000) and to (...) phenomenology (cf. Zeidler: Vermittlungen. Zum antiken und neueren Idealismus, Wien 2016). He has also published several studies on Neo-Kantianism (cf. Zeidler: Provokationen. Zu Problemen des Neukantianismus, Wien 2018). This is refelected in the collection of essays by distinguished scholars who discuss and critically examine Zeidler's work. It includes contributions by Steinar Mathisen (Oslo), Wolfdietrich Schmied-Kowarzik (Vienna), Werner Flach (Lichtenau), Thomas Knoppe (Straberg), Geert Edel (Wyk/Föhr), Martin Bunte (Münster), Reinhard Hiltscher (Dresden), Walter Tydecks (Bensheim), Christian Krijnen (Amsterdam), Hartwig Wiedebach (Zürich), Max Gottschlich (Linz), Thomas Sören Hoffmann (Hagen), Rudolf Meer (Kaliningrad), Hans-Jürgen Müller (Frankfurt am Main), Robert König (Vienna), Ulrich Blau (Marburg), Karen Gloy (Luzern/Munich), Reinhold Breil (Aachen), Erhard Oeser (Vienna), Hans-Dieter Klein (Vienna), Hans Martin Dober (Tübingen), Kurt Walter Zeidler (Vienna) and Lois Marie Rendl (Vienna). (shrink)

Larry Nelson’s target article “Provider Conscientious Refusal of Abortion, Obstetrical Emergencies, and Criminal Homicide Law” (Nelson 2018) makes two primary claims. The first is that physicians a...

Embedded pragmatic clinical trials (PCTs), like other types of randomized comparative-effectiveness research (CER) studies, are sometimes conducted without informed consent. Indeed, authors of both...

The relation between leibniz's logical and his metaphysical views is the subject of much modern scholarship. Some commentators have argued that his metaphysics is based on his logic; others have taken the opposite position. However, Both sides pose the question in terms of 'priority'. On the contrary, I argue that it is likely that leibniz means the psr to play "both" a logical and a metaphysical role. The ambiguity of leibniz's psr indicates that he equates the metaphysical notion of causation (...) with the logical notion of deduction. The psr's ambiguity results less from any confusion on leibniz's part between the notions of cause and reason, Than from his desire to identify logic and metaphysics. That identity is achieved not by reducing one to the other, But by incorporating them on an equal basis into a single discipline. (shrink)

This paper evaluates four recent randomized clinical trials in which the informed consent of participants was either not sought at all, or else was conducted with critical information missing from the consent documents. As these studies have been taking place, various proposals to conduct randomized clinical trials without consent have been appearing in the medical literature. Some of the explanations offered for why it is appropriate to bypass consent or disclosure requirements appear to represent a fundamental misunderstanding of applicable government (...) regulations and even the research enterprise. Others are the result of conceptual disagreements about the importance and application of traditional research ethics norms to ‘comparative effectiveness research’ and modern research environments. Common among these explanations, however, is a failure to appreciate when a research intervention, rather than merely an observation or review of data, is taking place. Review committees and investigators are failing to see, or choosing to ignore, interventions in the lives of research subjects. When these studies have come to light, government agencies with oversight authority have done little or backed down. Prestigious medical journals have published research results knowing that the required consent was not obtained, or they have stood by the published studies even after the inadequacy of consent is discovered. This article critically examines this erosion of consent in theory and practice and calls for restoring the requirement of informed consent to its proper place as a priority in human subjects research. (shrink)

This book reassesses theories of agency and gender identity against the backdrop of changing relations between men and women in contemporary societies.

Many current abortion regulations represent an over-medicalization of abortion or a corruption of abortion's true medical nature, with disproportionate consequences to women with lower incomes and lesser means. This article explores the effects of unnecessary and harmful abortion restrictions on women living in poverty. A brief summary of the major abortion rights cases explains how the Constitution, as currently interpreted, vests the government and sometimes the medical profession with the power to protect women's health, rather than granting this power to (...) women themselves. The article then argues for a new approach for protecting women's health and respecting their dignity by reframing reproductive rights as health rights that women themselves can assert. (shrink)

The paper focuses on the discussion of social freedom in the family in Axel Honneth's most recent book Freedom's Right. I argue, on the one hand, that radical democrats have much to learn from Honneth's method of normative reconstruction because it provides a much needed corrective to the “social weightlessness” that characterizes their thought about democracy. In contrast to the current preoccupation with rarefied issues of political ontology, Freedom's Right exemplifies a type of sociologically attuned thinking that is essential for (...) addressing issues of power and inequality. On the other hand, I argue that Honneth's reliance on a teleological notion of historical progress has deeply constraining effects on his critique of power. First, in so far as it underestimates the impact of growing social inequality on personal and intimate relations, it fails to acknowledge just how extensive, radical and, potentially deeply contentious the political measures needed to realize social freedom in the family may have to be. Second, Honneth's teleological reconstruction provides too thin a basis to generate substantive normative solutions to issues of social justice in the family. Third, teleology tends to depoliticize the process of emancipatory social change by construing it in terms of impersonal mechanisms and developmental tendencies rather than as open-ended, often polemical and deeply contested forms of political struggle. (shrink)

We explore the extent to which Boards use executive compensation to incite firms to act in accordance with social and environmental objectives (e.g., Johnson, R. and D. Greening: 1999, Academy of Management Journal 42(5), 564-578; Kane, E. J.: 2002, Journal of Banking and Finance 26, 1919-1933.). We examine the association between executive compensation and corporate social responsibility (CSR) for 77 Canadian firms using three key components of executives' compensation structure: salary, bonus, and stock options. Similar to prior research (McGuire, J., (...) S. Dow and K. Argheyd: 2003, Journal of Business Ethics 45(4), 341-359), we measure three different aspects of CSR, which include Total CSR as well as CSR Strengths and CSR Weaknesses. CSR Strengths and CSR Weaknesses capture the positive and negative aspects of CSR, respectively. We find significant positive relationships between: (1) Salary and CSR Weaknesses, (2) Bonus and CSR Strengths, (3) Stock Options and Total CSR; and (4) Stock Options and CSR Strengths. Our findings suggest the importance of the structure of executive compensation in encouraging socially responsible actions, particularly for larger Canadian firms. This in turn suggests that executive compensation can be an effective tool in aligning executives' welfare with that of the "common good", which results in more socially responsible firms (Bebchuk, L., J. Fried and D. Walker: 2002, The University of Chicago Law Review 69, 751-846; Zalewski, D.: 2003, Journal of Economic Issues 37(2), 503-509). In addition, our findings suggest the importance of institutional context in influencing the association between executive compensation and CSR. Further implications for practice and research are discussed. (shrink)

"Foucault: A Critical Introduction offers a comprehensive and accessible introduction to the work of one of the twentieth century's most influential thinkers. Unlike most books on Foucault, this book offers an assessment of all Foucault's work, including his final writings on governmentality and the self. McNay argues that the later work initiates an important shift in his intellectual concerns which alters any retrospective reading of his writings as a whole." "Throughout, McNay is concerned to assess the normative and political implications (...) of Foucault's social criticism. She goes beyond the level of many commentators to look at the values from which Foucault's work springs, and reveals the implicit assumptions underlying his social critique. McNay also discusses Foucault's position in the modernity/postmodernity debate, his own ambivalence toward Enlightenment thought and his place in recent developments in feminist and cultural theory. The result is an invaluable book which clearly outlines the central themes of Foucault's work, while offering a fresh appraisal of his thought."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved. (shrink)

There is a need to feminize the research on entrepreneurs — to include the experiences of women in what we know to be true about entrepreneurs and the entrepreneurial process. This paper highlights some of the most significant methodological problems in researching women's entrepreneurial experience, problems which in the past, have prevented researchers from gaining an understanding of this experience, and which continues to stand in the way of developing female perspectives. Instead of using the existing male-based models, new approaches (...) are called for in incorporating women's experiences into entrepreneurship theory. This paper outlines the state of research and suggests future directions for developing research on women as entrepreneurs. (shrink)

Luciano Floridi was not the first to discuss the idea of group privacy, but he was perhaps the first to discuss it in relation to the insights derived from big data analytics. He has argued that it is important to investigate the possibility that groups have rights to privacy that are not reducible to the privacy of individuals forming such groups. In this paper, we introduce a distinction between two concepts of group privacy. The first, the “what happens in Vegas (...) stays in Vegas” privacy (in the following: WHVSV privacy), deals with confidential information shared with the member of a group and inaccessible to (all or a specific group of) outsiders. The second, to which we shall refer as inferential privacy, deals with the inferences that can be made about a group of people defined by a feature, or combination thereof, shared by all individuals in the group. We show why we unreservedly agree with Floridi that groups can have a form of privacy that amounts to more than the mere fact of being sets of individuals each of whom has individual privacy; moreover, like Floridi, we find it plausible that at least some groups (those satisfying our definition of type-a groups) may have a right to a species of group privacy (that is, WHVSV privacy) as groups (and not just as individuals who belong to those groups). However, by turning our attention to the context of big data analytics, we show that the relevant, new notion of group privacy is one of inferential privacy. We argue that an absolute right (either of individuals or groups) to inferential privacy is implausible. We also show that many groups generated algorithmically (those satisfying our definition of type-b groups) cannot be right holders as groups (unless they become type-a groups). (shrink)

Much contemporary work on agency offers only a partial account because it remains within an essentially negative understanding of subject formation. This essay examines the work of Judith Butler and Drucilla Cornell and argues that the negative paradigm needs to be supplemented by a more generative theoretical framework, if feminists are to develop a fuller account of agency. In the negative paradigm, the subject is understood in passive terms as an effect of discursive structures. This tends to overlook ideas of (...) self-interpretation that introduce more active dimensions into understandings of subject formation and agency. Furthermore, an unqualified notion of indeterminacy does not unpick the imbrication of relations of time and power that overdetermine agency. Ultimately, structural accounts of subject formation need to be integrated more closely with hermeneutic perspectives of the self in order to understand better the complexities of agency in a post-traditional society. (shrink)

This paper articulates a careful and detailed objection to the moral permissibility of postnatal abortion. Giubilini and Minerva claim that if being unable to nurture one’s newborn child without significant burdens to oneself, family or society, is a proper moral ground for the demand that the life of a fetus be terminated, then ‘after-birth abortion should be considered a permissible option for women who would be damaged by [rearing the child or] giving up their newborns for adoption.’ It will be (...) shown that the permissibility of postnatal abortion does not follow from the argument’s premises, in particular, the premise that the newborn is not a person in the morally relevant sense. (shrink)

In this paper we argue that transparency of machine learning algorithms, just as explanation, can be defined at different levels of abstraction. We criticize recent attempts to identify the explanation of black box algorithms with making their decisions (post-hoc) interpretable, focusing our discussion on counterfactual explanations. These approaches to explanation simplify the real nature of the black boxes and risk misleading the public about the normative features of a model. We propose a new form of algorithmic transparency, that consists in (...) explaining algorithms as an intentional product, that serves a particular goal, or multiple goals (Daniel Dennet’s design stance) in a given domain of applicability, and that provides a measure of the extent to which such a goal is achieved, and evidence about the way that measure has been reached. We call such idea of algorithmic transparency “design publicity.” We argue that design publicity can be more easily linked with the justification of the use and of the design of the algorithm, and of each individual decision following from it. In comparison to post-hoc explanations of individual algorithmic decisions, design publicity meets a different demand (the demand for impersonal justification) of the explainee. Finally, we argue that when models that pursue justifiable goals (which may include fairness as avoidance of bias towards specific groups) to a justifiable degree are used consistently, the resulting decisions are all justified even if some of them are (unavoidably) based on incorrect predictions. For this argument, we rely on John Rawls’s idea of procedural justice applied to algorithms conceived as institutions. (shrink)

Pourquoi les STAPS (Sciences et Techniques des Activités Physiques et Sportives), discipline universitaire et de recherche sont-elles fragmentées en une multitude de programmes et de sous-programmes? Qui est-ce qui assure le succès général des sports comme contenus d'éducation physique scolaire et explique l'accueil extrêmement favorable qui leur est fait dans nos sociétés? Les STAPS peuvent-elles être une science?

Lantos and Feudtner argue that SUPPORT was an instance of CER and that CER differs from research involving unproven, experimental therapies because it exposes research subjects to the same risks patients regularly face in clinical practice. Like many defenders of SUPPORT, they formally acknowledge the study as research but want it to be thought of as clinical care. They develop an appealing argument, but it is misleading. Whatever doctors might have done in clinical practice, their choice of target range within (...) the study and for study participants was influenced by research aims. Just as in research involving unproven, experimental therapies, the care of patients in SUPPORT was altered for the goal of obtaining knowledge to help future patients. (shrink)

This article presents a fairness principle for evaluating decision-making based on predictions: a decision rule is unfair when the individuals directly impacted by the decisions who are equal with respect to the features that justify inequalities in outcomes do not have the same statistical prospects of being benefited or harmed by them, irrespective of their socially salient morally arbitrary traits. The principle can be used to evaluate prediction-based decision-making from the point of view of a wide range of antecedently specified (...) substantive views about justice in outcome distributions. (shrink)

Digital apps using Bluetooth to log proximity events are increasingly supported by technologists and governments. By and large, the public debate on this matter focuses on privacy, with experts from both law and technology offering very concrete proposals and participating to a lively debate. Far less attention is paid to effective incentives and their fairness. This paper aims to fill this gap by offering a practical, workable solution for a promising incentive, justified by the ethical principles of non-maleficence, beneficence, autonomy (...) and justice. This incentive is a free phone optimised for running such app. (shrink)

Among the most auspicious findings of neuroscience in recent years is the mutability of brain connectivity. In allowing for an increased integration of the study of brain with the study of mind, it deepens our understanding of affect and cognition and of the perceptual and imaginative dimensions of the psyche. It is the primary objective of this article to investigate what the young discipline known as neuroaesthetics brings to our understanding of Beckett’s creativity and how it enriches our scholarship. Focusing (...) on Beckett’s preoccupation with memory, resituating this preoccupation within the arena of the Default Mode Network — in which reference to self is spontaneous and in some sense deeply related to the freely associative speech of the “talking cure” — leads to several conclusions: The most significant include the potentially therapeutic value Beckett derived from writing (change in the mind being a function of change in the brain) and to the justification for recontextualizing psychohistory (speculative at best) as psychobiology. (shrink)

Grounded in Bandura’s social cognitive theory of moral thought and action, we develop a conceptual model linking supervisors’ perceptions of organizational injustice and abusive supervision with moral disengagement mechanisms acting as the underlying process. Specifically, we elaborate why and how supervisors’ experiences of each type of injustice would trigger their adoption of distinctive moral disengagement mechanisms, which in turn lead to their abusive supervisory conduct. The present conceptual model sheds new light on linking organizational injustice to abusive supervision from a (...) moral perspective. In addition, it also provides important theoretical and managerial implications to our current understanding of why and how abusive supervision happens. (shrink)

This article compares Honneth’s attempt to revise socialist thinking on women’s subordination in the family with feminist work on the topic. Both identify economism as the reason why socialism has historically failed to come up with an adequate account of women’s oppression in the family. However, their attempts to overcome economism proceed in different directions. Feminists overcome economism by expanding and enriching ideas of the economic and value producing activity and applying these reworked categories to women’s reproductive labour. Honneth overcomes (...) economism by suspending materialist explanation and focussing on emancipatory ethical dynamics implicit in the family. In comparison to feminist work, Honneth’s ethicised account of gender and family is as reductive as the economism it aims to surmount. First, his progressive historiography engenders a Whiggish narrative of the steady expansion of women’s social freedom in the family that downplays ambiguous and negative historical developments related to the changing nature of patriarchy. Second, his reified archetype of the family obscures the systemic causes of persistent gendered asymmetries within households. Finally, his Hegelian endorsement of institutionally expressed normativity leads in a reformist political direction and away from the radical, deep-democratic options that socialist feminists deem necessary to counteract women’s subordination. (shrink)

Since the 1980s, the relationship between social class and education has been overshadowed by scholarship more generally targeting issues of race, gender, and representation. Today, with the global economy deeply immersed in social inequalities, there is pressing need for serious class-based analyses of schooling, family life and social structure. The Way Class Works is a collection of twenty-four groundbreaking essays on the material conditions of social class and the ways in which class is produced "on the ground" in educational institutions (...) and families. Written by the most visible and important scholars in education and the social sciences, these timely essays explore the production of class in and through the economy, family, and school, while simultaneously interrogating and challenging our understandings of social class as linked to race, gender, and nation. With essays by distinguished scholars and questions for further reflection and discussion, The Way Class Works will be an invaluable resource for students and scholars in education, sociology, and beyond. (shrink)

My essay consists of three parts. In the first section, I review the historical context of Baroque aesthetics as it is developed during the late 16th and 17th centuries in Europe and then I track its development in Latin America into the third quarter of the 18th century. The principled excess of the Baroque, to adapt Cyrano de Bergerac’s formulation cited below, was designed for theological and imperial purposes. Secondly, I address more recent literature and literary theory. Why, in the (...) early 20th century, did Latin American poets, novelists, essayists and critics begin to rediscover, recover and reconstitute Baroque modes of expression? What was it about this Catholic, monarchical, colonizing aesthetic that now seemed suited to postcolonial purposes? I refer to several theorists and writers who pioneered and/or inspired the 20th-century idea of the New World Baroque as a rebellious retort to Europe rather than a passive reflection. My third section considers how to teach the politics of Baroque aesthetics, and why Baroque aesthetics remains relevant today. (shrink)

This article considers two themes in Butler's work: the dialectic of subject formation - that the autonomous subject is instituted through constraint - and the relation between the psyche and the social. With regard to the former, the introduction of a notion of historicity into a conception of the symbolic yields a concept of agency. Nonetheless, this concept of agency still lacks social specificity. By reconfiguring the psyche as an effect of the interiorization of social norms, Butler introduces the destabilizing (...) force of the category of the unconscious into constructivist accounts of identity. This sociocentric reworking of the psyche-social relations provides a nuanced account of gender identity, but it results in a negative model of action as the displacement of constraining social norms. It is also important for a conception of agency to include an account of the creative dimensions of action where actors actively appropriate conflicting socio-cultural values to institute new collective forms of identity. (shrink)

The physician-researcher conflict of interest, a long-standing and widely recognized ethical challenge of clinical research, has thus far eluded satisfactory solution. The conflict is fairly straightforward. Medical research and medical therapy are distinct pursuits; the former is aimed at producing generalizable knowledge for the benefit of future patients, whereas the latter is aimed at addressing the individualized medical needs of a particular patient. When the physician-researcher combines these pursuits, he or she serves two masters and cannot — no matter how (...) well-intentioned — avoid the risk of compromising the duties owed in one of the professional roles assumed. Because of the necessary rigidity of a research protocol, the more demanding of the two masters is frequently the research.The problem of the physician-researcher conflict has been evident since the first attempts to regulate human research in the United States. Otto E. Guttentag, a physician at the University of California School of Medicine in San Francisco, addressed the conflict in a 1953Sciencemagazine article. (shrink)

In Parkinson’s disease, the fronto-striatal network is involved in motor and cognitive symptoms. Working memory updating training engages this network in healthy populations, as observed by improved cognitive performance and increased striatal BOLD signal. This two-part study aimed to assess the feasibility of WM updating training in PD and measure change in cognition, movement and functional brain response in one individual with PD after WM updating training. A feasibility and single-subject study were performed in which patients with PD completed computerized (...) WM updating training. The outcome measures were the pre-post changes in criterion and transfer cognitive tests; cognitive complaints; psychological health; movement kinematics; and task-related BOLD signal. Participants in the feasibility study showed improvements on the criterion tests at post-test. FL displayed the largest improvements on the criterion tests and smaller improvements on transfer tests. Furthermore, FL reported improved cognitive performance in everyday life. A shorter onset latency and smoother upper-limb goal-directed movements were measured at post-test, as well as increased activation within the striatum and decreased activation throughout the fronto-parietal WM network. This two-part study demonstrated that WM updating training is feasible to complete for PD patients and that change occurred in FL at post-test in the domains of cognition, movement and functional brain response. (shrink)

Andrew von Hirsch, Past or Future Crimes: Deservedness and Dangerousness in the Sentencing of Criminals New Brunswick, N.J.: Rutgers University Press, 1985, 220 pp.