This chapter contains sections titled: I II Bibliography.

Business ethics is increasingly subject to juridical conditioning, as evidenced by the growing number of ethical codes in the corporate sector. This juridical conditioning signifies that legal reasoning is displacing, or even replacing, ethical reasoning. Consequently, business ethics is evolving to resemble legal frameworks more closely. This contribution refers to this phenomenon as juridically conditioned business ethics and argues for the necessity of transcending these juridical conditions through a critical examination of the law.

This article discusses the future role of agnosticism and its possible meaning in a post-secular, Western cultural sphere, with a special focus on the situation in Sweden. A characteristic of this context, which gives agnosticism a different role than before, is a diminishing interest in traditional ontological questions such as the existence of God. This assumption is illustrated by a comparative analysis of four examples of how atheism and secular views of life are shaped today, all of which in one (...) way or another cross the line between religious and secular but also give philosophical questions about what exists or not a diminished role. It is argued in this article that a revised concept of agnosticism, detached from ontological thinking, together with such concepts as semi-secularity, post-atheism and post-secularity, can offer conceptual instruments for a better understanding of the main tendencies in our time. (shrink)

The Conditional Probability Interpretation of Quantum Mechanics replaces the abstract notion of time used in standard Quantum Mechanics by the time that can be read off from a physical clock. The use of physical clocks leads to apparent non-unitary and decoherence. Here we show that a close approximation to standard Quantum Mechanics can be recovered from conditional Quantum Mechanics for semi-classical clocks, and we use these clocks to compute the minimum decoherence predicted by the Conditional Probability Interpretation.

Once we shift the intension of the concept of wage-labour from juridical attributes of negative ownership and contractual freedom to the actual performance of capital-positing labour, the extension of the concept – the cases that fall under it – changes as well. Once the concept of wage-labour is intensively re-defined as capital-positing labour, it becomes evident that the history and the geographical scope of wage-labour have not been well understood. This shift in the intension of the concept of wage-labour also (...) disjoins the association between capitalism and freedom. (shrink)

Kant’s essay ‘On a Supposed Right to Lie from Philanthropy’ claims that everyone has an unconditional duty of right not to lie under any circumstances. This claim creates a conflict within the doctrine of right because Kant also claims that each of us is under an unconditional duty of right to obey the positive law in force in the civil condition in all circumstances. In Kant’s specific example, truthfulness would violate the positive law because it would make the speaker (...) an accomplice to a crime. Since both duties flow from the requirement that we not act inconsistently with the possibility of rightful relations among humans, a juridical solution to the conflict must be possible. That solution is to recognize that lying in appropriate circumstances is akin to the use of force in self-defence or defence of a third party. (shrink)

My paper tackles the generic relationship between philosophy and law, the necessity of applying philosophy to law, the legitimacy and range of such an approach, the configuration of the way in which philosophy has left its mark in the juridical sphere. It surveys, in a chronological order, as well as in terms of their co-existence, the various stages of the relationship between philosophy and law. 1. Although both have been “within the walls”, law secludes itself, relatively speaking, in “the world (...) taken as a whole”, to shape its own identity, to survive as a self-sufficient, distinct technique (F. Geny), or it does it in a doctrinary way (positivism). 2. The representatives of philosophy in the juridical sphere are doing their best to uphold law’s struggle for knowledge, to have it gain recognition as a “science”, renounce its one-sidedness and harmonize with the others. 3. Juridical norms are not untouchable in relation with philosophy. Philosophy may work within juridical norms if it has an affinity with the content of juridical normativeness and respects its specificity. 4. The conclusion I reach is that we must try to cultivate a joint area bringing together philosophy and law, an area wherein the specific features of the two distinct fields reach a consensus for the sake of the human condition – hic et nunc. Philosophy bestows coherence and casts light on “law for man’s sake”, while the philosophically founded law appears to be the “normative project of the human”, a human practice inextricably connected with other types of practice, with man as a whole. The practical way to fulfil this goal, like the goal itself, will always be liable to criticism and improvement, open to debates and various options in a concrete socio-historical context. (shrink)

The ‘public’ character of the kind of rule of law theorizing with which Lon Fuller was engaged is signalled especially in his attention to the very notion of being a ’legal subject’ at all. This point is central to the aim of this paper to explore the animating commitments, of substance and method alike, of a particular direction of legal theorizing: one which commences its inquiry from an assessment of conditions of personhood within a public legal frame. Opening up this (...) inquiry to resources beyond Fuller, the paper makes a novel move in its consideration of how the political theorist Hannah Arendt’s reflections on the ‘juridical person’ might aid a legal theoretical enterprise of this kind. (shrink)

Legal institutions are created at a certain point in time, intended to be applied to ‘life’ as it is perceived at the specific moment when they are elaborated and cast into legal form. As a result, legal institutions always already refer, in their original design, to a certain normality, but between the moment of creation of a legal institution and its application to future situations there is always a certain time lag. Some legal institutions—referred to in the paper as “legal (...) survivals” –outlive the epoch in which they were created and continue their legal life long after the conditions which lead to their creation had, in the meantime, disappeared. The aim of this paper is to put forward an archaeologico–genealogical perspective on legal survivals not only as a method of studying continuity of law and the resilience of juridical form, but also as a line of enquiry capable of enriching our understanding of the juridical in its relation to the changing circumstances of life. The study of legal survivals allows to combine three aspects of legal continuity: firstly, the continued use of the same legal forms in different circumstances and for different purposes, whereby the same juridical form is filled with different socio-economic substance; secondly, the gradual adaptation of legal forms to new circumstances; thirdly, the emergence of new legal forms in close reference to old ones. The study of legal survivals allows to address the foundations of law’s claims to authority, based on stability and predictability of juridical forms. It also reveals the complex and multilayered nature of legal form which effectively has the structure of a palimpsest. (shrink)

When it is ethically justifiable to stop medical treatment? For many Muslim patients, families, and clinicians this ethical question remains a challenging one as Islamic ethico-legal guidance on such matters remains scattered and difficult to interpret. In light of this gap, we conducted a systematic literature review to aggregate rulings from Islamic jurists and juridical councils on whether, and when, it is permitted to withdraw and/or withhold life-sustaining care. A total of 16 fatwās were found, 8 of which were single-author (...) rulings, and 8 represented the collective view of a juridical council. The fatwās are similar in that nearly all judge that Islamic law, provided certain conditions are met, permits abstaining from life-sustaining treatment. Notably, the justifying conditions appear to rely on physician assessment of the clinical prognosis. The fatwās differ when it comes to what conditions justify withdrawing or withholding life- sustaining care. Our analyses suggest that while notions of futility greatly impact the bioethical discourse regarding with holding and/or withdrawal of treatment, the conceptualization of futility lacks nuance. Therefore, clinicians, Islamic jurists, and bioethicists need to come together in order to unify a conception of medical futility and relate it to the ethics of withholding and/or withdrawal of treatment. (shrink)

Exploring the concept of citizenship from the history of political philosophy provides suggestions about what corporate citizenship could mean. The metaphor of corporate citizenship suggests an institutional approach to corporate social responsibility. Citizenship is a social role, characterized by an orientation towards the social contract, collective and active responsibility, as well as a positive attitude towards the juridical state. By analogy, corporate citizenship is a social role, characterized by the social contract of business, a participatory ethics of business, the precautionary (...) principle and the promotion of just international institutions. It is considered that corporate citizenship depends on a number of interacting institutional conditions that hold society partly responsible for the social performance of their companies. Finally, the problem of the dissolution of corporate social responsibility is reviewed in an institutional environment where everyone is considered responsible. (shrink)

The paper proposes a first approach to systems whose language includes two primitives (>+ and >-) as symbols for factual and counterfactual conditionals which are explicit, i.e. that are stated jointly with the truth or falsity of the antecedent clause. In systems based on this language, here called 2-conditional, the standard corner operator may be defined by (Def>) A > B := (A >+ B)∨(A >- B), while in classical conditional systems one could introduce the two symbols for explicit conditionals (...) by the definitions (Def>+) A >+ B := A∧(A>B) and (Def>-) A>- B := ¬A∧(A>B). Two 2-conditional systems, V² and VW², are axiomatized and proved to be definitionally equivalent to the monoconditional systems V and VW. A third system VWTr² is characterized by an axiom stating the transitivity of factual conditionals and is shown to be distinct from V², from VW² and from the 2-conditional version of Lewis’ well-known system VC, here named VC². The same may be said for a fourth system VW²◊ ±, based on an axiom inderivable in VC²: ◊(A >+ B) ⊃ ◊( ¬A >- ¬B). VC² contains what is here called a “semi-collapse” of the operator >+ and it is argued that it is inadequate as a logic for both factual and counterfactual conditionals. The last section shows that several different definitions of the corner operators in terms of >+ and >- may be introduced as an alternative to (Def>). (shrink)

PurposeThe aim of this paper is to assess the complex issue of responsibility in clinical practice. The paper focuses mainly on the relationship between personal- and medical-professional responsibility of practitioners and clinical guidelines.MethodsAfter a theoretical review of the different definitions of responsibility in selected bioethical and biojuridical literature, two recent juridical proceedings concerning medical responsibility from Italian Courts are discussed. Subsequently, a theoretical analysis of the definition of clinical practice guidelines is proposed in order to show their feasibility to assess (...) personal- and medical-professional responsibility.ResultsThe definitions of responsibility and the two Italian cases show the theoretical and practical difficulties of shared assessments of both personal-professional and medical-professional responsibility in clinical practice. Clinical practice guidelines cannot be assumed as an objective code of action stating exactly a rule of conduct in all situations, but as a tool suggesting how to decide what to do in different conditions.ConclusionsResponsibility in clinical practice is such a complex issue to deserve a special ethical assessment. The clinician’s personal-professional responsibility cannot be replaced or reduced by clinical practice guidelines, because medicine is as such a relationship focused on the expertize of practitioners. Nonetheless, a shared approach to different clinical conditions is needed in order to avoid a relativist outcome and protect patients’ and even clinicians’ rights. Formal guidelines (that describe not exactly what to do but how to decide what to do) are proposed as potential useful tool to achieve this aim. (shrink)

We prove some embedding theorems for classical conditional logic, covering 'finitely cumulative' logics, 'preferential' logics and what we call 'semi-monotonic' logics. Technical tools called 'partial frames' and 'frame morphisms' in the context of neighborhood semantics are used in the proof.

Conditionals are most important objects in knowledge representation, commonsense reasoning and belief revision. Due to their non-classical nature, however, they are not easily dealt with. This paper presents a new approach to conditionals, which is apt to capture their dynamic power particularly well. We show how this approach can be applied to represent conditional knowledge inductively, and to guide revisions of epistemic states by sets of beliefs. In particular, we generalize system-Z* as an appropriate counterpart to maximum entropy-representations in a (...) semi-quantitative setting, and provide a theoretical justification to make its basic ideas usable also for belief revision. (shrink)

The idea of preserving conditional beliefs emerged recently as a new paradigm apt to guide the revision of epistemic states. Conditionals are substantially different from propositional beliefs and need specific treatment. In this paper, we present a new approach to conditionals, capturing particularly well their dynamic part as revision policies. We thoroughly axiomatize a principle of conditional preservation as an indifference property with respect to conditional structures of worlds. This principle is developed in a semi-quantitative setting, so as to reveal (...) its fundamental meaning for belief revision in quantitative as well as in qualitative frameworks. In fact, it is shown to cover other proposed approaches to conditional preservation. (shrink)

Anticipation allows a system to adapt to conditions that have not yet come to be, either externally to the system or internally. Autonomous systems actively control the conditions of their own existence so as to increase their overall viability. This paper will first give minimal necessary and sufficient conditions for autonomous anticipation, followed by a taxonomy of autonomous anticipation. In more complex systems, there can be semi-autonomous subsystems that can anticipate and adapt on their own. Such subsystems can be integrated (...) into a system’s overall autonomy, typically with greater efficiency due to modularity and specialization of function. However, it is also possible that semi-autonomous subsystems can act against the viability of the overall system, and have their own functions that conflict with overall system functions. (shrink)

This paper examines social choice theory with the strong Pareto principle. The notion of conditional decisiveness is introduced to clarify the underlying power structure behind strongly Paretian aggregation rules satisfying binary independence. We discuss the various degrees of social rationality: transitivity, semi-transitivity, the interval-order property, quasi-transitivity, and acyclicity.

ExcerptIGiven that law is a profession that consists almost entirely in the manipulation of language, and given that, for most lawyers, the profession consists even more in the manipulation of the written than of the spoken word, it is perhaps surprising that, at least in the German-speaking world, lawyers have a decidedly mixed, tending toward bad, reputation as prose stylists. In a 2010 book intended to provide remedial writing instruction to German lawyers, for example, lawyer and journalist Eva Engelken explains (...) the book's necessity by pointing to the disastrous condition of what she disparagingly calls “lawyer German” (Anwaltsdeutsch), noting…. (shrink)

In Religion within the Bounds of Bare Reason Kant speaks of an ethical state of nature and of an ethico-civil condition, with explicit reference to the juridical state of nature and the juridico-civil condition he discusses at length in his legal-political writings. Given that the Religion is the only work where Kant introduces a parallel between these concepts, one might think that this is only a loose analogy, serving a merely illustrative function. The paper provides a first outline (...) of the similarities and the differences between the state of nature and the civil condition in Right and in ethics. The comparison points to a deeper, structural relation between the two pairs of concepts. By doing so, it makes room for developing a unitary conception of the state of nature and of the civil condition, which would underlie both the ethical and the juridical version. (shrink)

The aim of this paper is to trace in Leibniz’s drafts the sketched outline of a conceptual framework he organized around the key concept of ‘requisite’. We are faced with the project of a semi-formal theory of conditions, whose logical skeleton can have a lot of different interpretations. In particular, it is well suited to capture some crucial relations of ontological dependence. Firstly the area of ‘mediate requisites’ is explored - where causal and temporal relations are dealt with on the (...) basis of a general theory of ‘consequence’.Then the study of ‘immediate requisites’ is taken into account - a true sample of mereological inquiry, where Leibniz strives for a unitary treatment of part-whole relation, conceptual inclusion and inherence. Far from simply conflating these relations one with another and with causality, therefore, Leibniz tried to spell them out, while at the same time understanding them within a single conceptual framework. (shrink)

Nonmonotonic reasoning is a discipline of computer science, epistemology, and cognition: It models inferences where classical logic is inadequate in symbolic AI, defines normative models for reasoning with defeasible information in epistemology, and models human reasoning under information change in cognition. Its building blocks are defeasible rules formalised as DeFinetti conditionals. In this thesis, Christian Eichhorn examines qualitative and semi-quantitative inference relations on top said conditionals, using the conditional structure of the knowledge base and Spohn’s Ordinal Conditional Functions, using established (...) properties. Converting network approaches from probabilistics, he shows how to approach the relations with regard to implementation. (shrink)

IntroductionElements mark the reality of reading the female body in symbolic constructions and social symbols in the exercise of their reproductive health. The study aims to identify elements that characterize the female condition while analyzing the reproductive health of Brazilian and French women.Materials and MethodsA qualitative, multicenter, international study was conducted in Brazil and in France between 2016 and 2019. Data were produced through the use of semi-structured scripts. Focus group discussions and individual interviews were conducted with women who (...) gave birth, hetero-female couples who lived the experience of gestation and birth of a baby, and professionals of maternal and childcare services or members of the associations concerned with the health of mothers and babies. It was guided by the theoretical-methodological framework of institutional analysis in line with the French Institutional Socioclinics.ResultsSexual and reproductive health in the realities researched in Brazil and France are sometimes close and sometimes far apart. In what involves the Brazilian health system, abortion is criminalized and often performed illegally. Furthermore, pregnancy, childbirth, and the postpartum period are highly medicalized. In addition, childbirth is not assured as an experience for a woman and her family. This aspect is confirmed by high numbers of cesarean sections performed or by maternal and infant mortality indicators. The French health system prioritizes vaginal deliveries and seems to assure more autonomy to women, but at the same time, it is worn out by the logic of profit, the efficiency of actions, and the rationalization of practices. In association with these, there are other intrinsic elements in the functioning of the institution that delineates the format of each country: notion of women's rights, violence against women, and discussion regarding the oppression markers of race, gender, sexuality, and social class.ConclusionsBoth countries reveal aspects related to the social role of women's bodies. The established logic reflects in the decision to have children, motherhood, women's autonomy over their own bodies, and in the core values linked to the termination of pregnancy and the professional practices developed in prenatal care, childbirth, and postpartum. (shrink)

The main purpose of this article is, from a semiotic perspective, arguing for the recognizing of a semantic role of the imagination as a necessary condition to our linguistic experience, regarded as an essential feature of the relations of our thought with the world through signification processes ; processes centered in but not reducible to discourse. The text is divided into three parts. The first part presents the traditional position in philosophy and cognitive sciences that had barred until recent (...) times the possibility to investigate the semantic function performed by imagination, mainly due to the anti-psychologist arguments on which it is based. After that, I situate my perspective inside of the recent research panorama in philosophy and cognitive science. The second part presents the semiotic framework on the relation between thought, language, and world, conceived through the concepts of signification processes and sense-conditions. Within this framework, I introduce the concept of linguistic experience, characterizing semantic imagination as one of its sense-conditions. In the third part, several pieces of evidence for corroborating the semantic function of imagination are discussed. These pieces come from the fields of phenomena denoted as diagrammatic thought and counterfactual thought. Diagrammatic thought, briefly discussed, points out the semantic work of imagination in the semi-discursive sign systems constructed in mathematics, logic, and natural science. After defending a widening of the concept of counterfactual thought, and its intrinsic relation with semantic imagination, the role of semantic imagination is briefly discussed in some types of counterfactual thought found in our conceptions of modal concepts, in thought experiments, in apagogical arguments, and in the creative discursive devices. (shrink)

In an accompanying paper Gomes, we have put forward an interpretation of quantum mechanics based on a non-relativistic, Lagrangian 3+1 formalism of a closed Universe M, existing on timeless configuration space \ of some field over M. However, not much was said there about the role of locality, which was not assumed. This paper is an attempt to fill that gap. Locality in full can only emerge dynamically, and is not postulated. This new understanding of locality is based solely on (...) the properties of extremal paths in configuration space. I do not demand locality from the start, as it is usually done, but showed conditions under which certain systems exhibit it spontaneously. In this way we recover semi-classical local behavior when regions dynamically decouple from each other, a notion more appropriate for extension into quantum mechanics. The dynamics of a sub-region O within the closed manifold M is independent of its complement, \, if the projection of extremal curves on \ onto the space of extremal curves intrinsic to O is a surjective map. This roughly corresponds to \, where \ is a linear projection. This criterion for locality can be made approximate—an impossible feat had it been already postulated—and it can be applied for theories which do not have hyperbolic equations of motion, and/or no fixed causal structure. When two regions are mutually independent according to the criterion proposed here, the semi-classical path integral kernel factorizes, showing cluster decomposition which is the ultimate aim of a definition of locality. (shrink)

Current technology and surveillance practices make behaviors traceable to persons in unprecedented ways. This causes a loss of anonymity and of many privacy measures relied on in the past. These de facto privacy losses are by many seen as problematic for individual psychology, intimate relations and democratic practices such as free speech and free assembly. I share most of these concerns but propose that an even more fundamental problem might be that our very ability to act as autonomous and purposive (...) agents relies on some degree of privacy, perhaps particularly as we act in public and semi-public spaces. I suggest that basic issues concerning action choices have been left largely unexplored, due to a series of problematic theoretical assumptions at the heart of privacy debates. One such assumption has to do with the influential conceptualization of privacy as pertaining to personal intimate facts belonging to a private sphere as opposed to a public sphere of public facts. As Helen Nissenbaum has pointed out, the notion of privacy in public sounds almost like an oxymoron given this traditional private-public dichotomy. I discuss her important attempt to defend privacy in public through her concept of ‘contextual integrity.’ Context is crucial, but Nissenbaum’s descriptive notion of existing norms seems to fall short of a solution. I here agree with Joel Reidenberg’s recent worries regarding any approach that relies on ‘reasonable expectations’ . The problem is that in many current contexts we have no such expectations. Our contexts have already lost their integrity, so to speak. By way of a functional and more biologically inspired account, I analyze the relational and contextual dynamics of both privacy needs and harms. Through an understanding of action choice as situated and options and capabilities as relational, a more consequence-oriented notion of privacy begins to appear. I suggest that privacy needs, harms and protections are relational. Privacy might have less to do with seclusion and absolute transactional control than hitherto thought. It might instead hinge on capacities to limit the social consequences of our actions through knowing and shaping our perceptible agency and social contexts of action. To act with intent we generally need the ability to conceal during exposure. If this analysis is correct then relational privacy is an important condition for autonomic purposive and responsible agency—particularly in public space. Overall, this chapter offers a first stab at a reconceptualization of our privacy needs as relational to contexts of action. In terms of ‘rights to privacy’ this means that we should expand our view from the regulation and protection of the information of individuals to questions of the kind of contexts we are creating. I am here particularly interested in what I call ‘unbounded contexts’, i.e. cases of context collapses, hidden audiences and even unknowable future agents. (shrink)

The purpose of cognitive diagnostic modeling is to classify students' latent attribute profiles using their responses to the diagnostic assessment. In recent years, each diagnostic classification model makes different assumptions about the relationship between a student's response pattern and attribute profile. The previous research studies showed that the inappropriate DCMs and inaccurate Q-matrix impact diagnostic classification accuracy. Artificial Neural Networks have been proposed as a promising approach to convert a pattern of item responses into a diagnostic classification in some research (...) studies. However, the ANNs methods produced very unstable and unappreciated estimation unless a great deal of care was taken. In this research, we combined ANNs with two typical DCMs, the deterministic-input, noisy, “and” gate model and the deterministic-inputs, noisy, “or” gate model, within a semi-supervised learning framework to achieve a robust and accurate classification. In both simulated study and real data study, the experimental results showed that the proposed method could achieve appreciated performance across different test conditions, especially when the diagnostic quality of assessment was not high and the Q-matrix contained misspecified elements. This research study is the first time of applying the thinking of semi-supervised learning into CDM. Also, we used the validating test to choose the appropriate parameters for the ANNs instead of using typical statistical criteria. (shrink)

What are the freedom-relevant conditions necessary for someone to be a morally responsible person? I examine several key authors beginning with Harry Frankfurt that have contributed to this debate in recent years, and then look back to the writings or Søren Kierkegaard to provide a solution to the debate. In this project I investigate the claims of semi-compatibilism and argue that while its proponents have identified a fundamental question concerning free will and moral responsibility—namely, that the agential properties necessary for (...) moral responsibility ascriptions are found in scenarios where the agent acts on her own as opposed to her action resulting from freedom undermining external causes such as manipulation, phobias, etc.—they have failed to show that the freedom-relevant agential properties identified in those actual-sequence scenarios are compatible with causal determinism. My argument is that only a voluntarist-libertarian theory can adequately account for the kinds of cases that the semicompatibilist identify. I argue that there are three freedom-relevant conditions necessary for someone to be a morally responsible person: a hierarchical understanding of human desires [specifically and mental states generally], an incompatibilist (non-deterministic) understanding of human action, and a historical understanding of character development. The ability to reflect critically about one’s own desires and emotions, and thus to have a kind of self-knowledge and understanding with regard to the springs of one’s own actions, is required to make it possible for the agent to be the “source” of her own actions and character. The non-deterministic understanding of human action is needed for a similar reason: if determinism is true, then every action a person performs can be ultimately traced to and exhaustively explained in terms of factors outside the agent’s control, thus making the agent’s responsibility for his actions an illusion. And finally,human nature must be such that, over time, one’s choices leave a dispositional residue self-understanding and motivation in the person’s self, out of which, in mature understanding and motivation, the person acts as a fully responsible agent. (shrink)

Résumé : L’article propose une démarche méthodologique permettant d’identifier la réflexion professionnelle chez des stagiaires en formation à l’enseignement. En effet, la capacité d’analyser sa pratique de façon réflexive est une composante d’une compétence professionnelle à développer selon le Ministère de l’Éducation du Québec. Une certaine forme de réflexion chez les étudiants est donc à acquérir et, du point de vue des tuteurs de stage, à faire acquérir. Quels sont les critères implicites que les enseignants associés des écoles ou les (...) superviseurs universitaires identifient afin d’évaluer la présence ainsi que la qualité de la compétence réflexive chez le stagiaire ? L’étude identifie une dizaine de points de repère afin de favoriser chez les tuteurs de stage l’évaluation de la compétence réflexive de leurs stagiaires. L’article valide ces critères à partir d’un extrait de discours de stagiaire, puis confronte cet extrait à une autre approche, consistant à détecter des reconceptualisations chez les stagiaires pour dépister de la réflexion. Une certaine cohérence s’établit avec les critères empiriques d’identification de la réflexion identifiés par induction chez les tuteurs de stage. S’ensuit une discussion sur ces critères en lien avec les approches méthodologiques adoptées. La recherche utilise un devis qualitatif et s’appuie sur des entretiens semi-structurés. Abstract : This article proposes a methodological process aimed at identifying professional reflection among student teachers in teacher education. The ability to analyze one’s practice reflectively is a component of one of the professional competencies that must be developed according to Quebec’s Ministry of Education. A certain form of reflection must therefore be acquired by students, and, from the standpoint of practicum supervisors, it must be developed in students. What are the implicit criteria that mentor teachers in schools or university-based supervisors identify in order to assess the presence and quality of student teachers' reflective competence? This study identifies a dozen guideposts to assist supervisors in this direction. The article first validates these criteria based on an excerpt of a student teachers’ statements, then submits the same excerpt to another approach aimed at detecting the student teacher’s reconceptualizations with a view to pinpointing reflection. A certain degree of coherence is established with the empirical criteria for identifying reflection as identified inductively by practicum supervisors. A discussion follows on these same criteria in line with the methodological approaches adopted. This research is based on a qualitative study and draws on semi-structured interviews. (shrink)

In this paper, I question the dichotomy between fundamental moral disagreements, arising from divergences on moral principles, and superficial moral disagreements, that are expected to disappear under ideal epistemic circumstances. I claim that there are many other possibilities for moral disagreements, including moral disagreements that do not arise from different moral principles but would not disappear under ideal epistemic conditions. I describe two major kinds of such disagreements: semi-fundamental disagreements, which are made possible by the fact that the same moral (...) rules can be applied in different ways to the same situations, and non-morally fundamental moral disagreements, which arise by the fact that moral truths are not the only potentially non-factual truths. (shrink)

This article presents an analysis of Turkish film screenings in Belgium as a case study of diasporic media practices in Europe. Turkish blockbusters have only recently become part of the programs of Belgian mainstream film theaters. This study provides insight into both historical and recent dynamics that characterize this new film and audience segment in film exhibition. After analyzing transnational patterns of distribution, selection and promotion, we put forward that changing circulation patterns and the associated power relations define the social (...) and spatial conditions of reception, resulting in the creation of new semi-public diasporic spaces. Thus, the links between the political economy of media and audience research are discussed. The findings of this article are based on archival and press research and a series of semi-structured expert interviews with exhibition and distribution professionals, as well as social workers and representatives from Turkish cultural associations. (shrink)

BackgroundFor children with life-limiting conditions who are unable to participate in decision-making, decisions are made for them by their parents and paediatricians. Shared decision-making is widely recommended in paediatric clinical care, with parents preferring a collaborative approach in the care of their child. Despite the increasing emphasis to adopt this approach, little is known about the roles and responsibilities taken by parents and paediatricians in this process. In this study, we describe how paediatricians approach decision-making for a child with a (...) life-limiting condition who is unable to participate in decision-making for his/herself.MethodsThis qualitative phenomenological study involved 25 purposively sampled paediatricians. Verbatim transcripts from individual semi-structured interviews, conducted between mid-2019 and mid-2020, underwent thematic analysis. Interviews were based around a case vignette matched to the clinical experience of each paediatrician.ResultsTwo key themes were identified in the exploration of paediatricians' approach to decision-making for children with life-limiting conditions: there is a spectrum of paediatricians’ roles and responsibilities in decision-making, and the specific influences on paediatricians’ choice of approach for end-of-life decisions. In relation to, analysis showed four distinct approaches: non-directed, joint, interpretative, and directed. In relation to, the common factors were: harm to the child, possible psychological harm to parents, parental preferences in decision-making, and resource allocation.ConclusionsDespite self-reporting shared decision-making practices, what paediatricians often described were physician-led decision-making approaches. Adopting these approaches was predominantly justified by paediatricians’ considerations of harm to the child and parents. Further research is needed to elucidate the issues identified in this study, particularly the communication within and parental responses to physician-led approaches. We also need to further study how parental needs are identified in family-led decision-making approaches. These nuances and complexities are needed for future practice guidance and training around paediatric decision-making.Trial registration: Not applicable. (shrink)

Semi-compatibilists intend to reconcile moral responsibility with causal determinism, even if determinism is incompatible with freedom to do otherwise. For them, moral responsibility does not require free will, which is not a necessary condition for moral responsibility. They agree with the view that causal determinism is incompatible with free will. Free will is incompatible with determinism as well as moral responsibility. Both compatibilists and semi-compatibilists argue for the compatibility between determinism and moral responsibility. However, the latter fails to prove (...) sufficiently the reason why determinism is compatible with moral responsibility. (shrink)

Digital communication between a patient and their clinician offers the potential for improved patient care, particularly for young people with long term conditions who are at risk of service disengagement. However, its use raises a number of ethical questions which have not been explored in empirical studies. The objective of this study was to examine, from the patient and clinician perspective, the ethical implications of the use of digital clinical communication in the context of young people living with long-term conditions. (...) A total of 129 semi-structured interviews, 59 with young people and 70 with healthcare professionals, from 20 United Kingdom -based specialist clinics were conducted as part of the LYNC study. Transcripts from five sites were read by a core team to identify explicit and implicit ethical issues and develop descriptive ethical codes. Our subsequent thematic analysis was developed iteratively with reference to professional and ethical norms. Clinician participants saw digital clinical communication as potentially increasing patient empowerment and autonomy; improving trust between patient and healthcare professional; and reducing harm because of rapid access to clinical advice. However, they also described ethical challenges, including: difficulty with defining and maintaining boundaries of confidentiality; uncertainty regarding the level of consent required; and blurring of the limits of a clinician’s duty of care when unlimited access is possible. Paradoxically, the use of digital clinical communication can create dependence rather than promote autonomy in some patients. Patient participants varied in their understanding of, and concern about, confidentiality in the context of digital communication. An overarching theme emerging from the data was a shifting of the boundaries of the patient-clinician relationship and the professional duty of care in the context of use of clinical digital communication. The ethical implications of clinical digital communication are complex and go beyond concerns about confidentiality and consent. Any development of this form of communication should consider its impact on the patient-clinician-relationship, and include appropriate safeguards to ensure that professional ethical obligations are adhered to. (shrink)

We investigate the notion of a semi-retraction between two first-order structures (in typically different signatures) that was introduced by the second author as a link between the Ramsey property and generalized indiscernible sequences. We look at semi-retractions through a new lens establishing transfers of the Ramsey property and finite Ramsey degrees under quite general conditions that are optimal as demonstrated by counterexamples. Finally, we compare semi-retractions to the category theoretic notion of a pre-adjunction.

In psychotherapy, the norm and expectation is for clients to self-disclose, thus disregarding and discouraging self-disclosure by therapists. This study aimed to investigate clients’ subjective experience of therapist disclosure, and in particular how clients interpret, appraise and react to therapist disclosure, using semi-structured interviews to gather data from eight research participants. By means of Interpretative Phenomenological Analysis of the data three basic themes were revealed: perceived underlying conditions of the disclosure event, disclosure type and disclosure impacts. The findings indicate that (...) the underlying conditions surrounding the therapist’s disclosure are the determinant factor as to how clients experience therapist disclosure, regardless of either the disclosure type or the impact of the disclosure on clients’ lives. (shrink)

In [U. Kohlenbach, Some logical metatheorems with applications in functional analysis, Trans. Amer. Math. Soc. 357 89–128], the second author obtained metatheorems for the extraction of effective bounds from classical, prima facie non-constructive proofs in functional analysis. These metatheorems for the first time cover general classes of structures like arbitrary metric, hyperbolic, CAT and normed linear spaces and guarantee the independence of the bounds from parameters ranging over metrically bounded spaces. Recently ]), the authors obtained generalizations of these metatheorems which (...) allow one to prove similar uniformities even for unbounded spaces as long as certain local boundedness conditions are satisfied. The use of classical logic imposes some severe restrictions on the formulas and proofs for which the extraction can be carried out. In this paper we consider similar metatheorems for semi-intuitionistic proofs, i.e. proofs in an intuitionistic setting enriched with certain non-constructive principles. Contrary to the classical case, there are practically no restrictions on the logical complexity of theorems for which bounds can be extracted. Again, our metatheorems guarantee very general uniformities, even in cases where the existence of uniform bounds is not obtainable by straightforward functional analytic means. Already in the purely intuitionistic case, where the existence of effective bounds is implicit, the metatheorems allow one to derive uniformities that may not be obvious at all from a given constructive proof. Finally, we illustrate our main metatheorem by an example from metric fixed point theory. (shrink)

The best known algebraizable logics with a conjunction and an implication have the property that the conjunction defines a meet semi-lattice in the algebras of their algebraic counterpart. This property makes it possible to associate with them a semi-lattice based deductive system as a companion. Moreover, the order of the semi-lattice is also definable using the implication. This makes that the connection between the properties of the logic and the properties of its semi-lattice based companion is strong. We introduce a (...) class of algebraizable deductive systems that includes those systems, and study some of their properties and of their semi-lattice based companions. We also study conditions which, when satisfied by a deductive system in the class, imply that it is strongly algebraizable. This brings some information on the open area of research of Abstract Algebraic Logic which consists in finding interesting characterizations of classes of algebraizable logics that are strongly algebraizable. (shrink)

Usually within the context of computer simulations in quantum chemistry practices, there is a distinction between ab initio and semi-empirical methods. Related to this, a controversy within the scientific and philosophical communities came about regarding the superiority of the ab initio methods due to their theoretical rigor. In this article we re-evaluate the condition of the semi-empirical simulations in this area of research. We examine some of the aspects of this debate that have been considered in philosophy and provide (...) additional elements to the analysis. (shrink)

The article analyzes the dysfunctional effects of the interaction between the education system and the labor market in modern Russia. It is shown that this problem is being actualized due to the shortage of personnel in particularly important sectors of the domestic economy, and that the existing system of training and retraining of personnel cannot cope with the elimination of the deficit. An administrative survey of Russian faculty conducted by IPEI RANEPA (N=21164) showed that a quarter of Russian faculty assess (...) the employment chances of their graduates as “satisfactory” — and this despite the record shortage of personnel in the domestic labor market. The survey data, supplemented by the graduates’ own view of their employment (qualitative research, ten in-depth semi- structured interviews with students/graduates of Moscow universities), allowed us to draw conclusions about the primary factors preventing the effective use of youth personnel in the interests of the country’s economy. Among the macro-level factors are a lack of a well-thought- out system for converting university graduate competencies into qualifications required in the labor market (both in the humanities and natural sciences), as well as a lack of interregional forecasting of demand for certain specialties; as a result, labor force mobility is reduced. At the micro level, the lack of competencies for a competent job search among young people leads to the loss of valuable time for a career start and ineffective interactions with potential employers. A new national project “Personnel” has the potential to be an effective tool in addressing these challenges. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kant’s Just War TheoryBrian OrendKant is often cited as one of the first truly international political philosophers. Unlike the vast majority of his predecessors, Kant views a purely domestic or national conception of justice as radically incomplete; we must, he insists, also turn our faculties of critical judgment towards the international plane. When he does so, what results is one of the most powerful and principled conceptions of international (...) justice ever constructed. Kant’s central concept, that it is a demand of our own practical reason that we forge a cosmopolitan federation of free republics, based on the rule of law, human rights, and cultural and commercial development, still resonates today as a plausible and hopeful prescription for humanity’s future.Much of Kant’s international theory has recently received searching analysis and evaluation. But the bulk of this consideration has focused on Kant’s descriptive, as opposed to prescriptive, claims. Lavish attention, for example, has been showered on his assertion that perpetual peace is inevitable—that our natural antagonism will irresistibly incline us, after many failures, to establish an international juridical condition. Comparatively little has been done on thoroughly evaluating Kant’s normative claims of international justice, particularly with regard to his ideal corpus of international law and his concrete recommendations for moving from a global state of nature to a cosmopolitan civil society.1In this paper, I would like to contribute to the latter task by focusing on the moral problem that war poses as, arguably, the most frequent and severe cause [End Page 323] of ruptures in the functioning of the international system.2 In particular, I would like to argue in favour of the controversial, and original, thesis that Kant has a just war theory.3 I would then like to develop that theory in some detail and to explain its strength and suggestiveness. The focus on war seems both helpful and timely. It is helpful in that it provides a specific, graphic example with which one can apprehend more clearly the abstract architecture of Kant’s international vision. It is timely in that, in the wake of the very recent conflicts in Bosnia and Rwanda, and in light of the subsequent formation of the International War Crimes Tribunals at The Hague, renewed attention has been paid to considering what, if anything, constitutes a just war and what is permitted, and what punishable, in terms of conduct in war. A rigorous consideration of what one of the true giants of moral philosophy thought about these issues can only serve to illuminate our understanding of these current events.1. THE TRADITIONAL READING OF KANT: NO JUST WARNearly every commentator on Kant’s international theory of justice who discusses the problem of war in any detail believes that Kant not only has no just war theory, but that he is, moreover, a vicious critic of the core propositions of classical just war theorists, such as Augustine, Aquinas, and Grotius. Howard Williams, for example, says that “Kant has no theory of just war … (j)ustice and war are in conflict with one another and it is our duty as human beings to try to overcome war.” Fernando Teson contends that “Kant dismisses the idea that there could be a just war” and Georg Geismann asserts that, for Kant, “there is no such thing as a just war.” Similarly, W. B. Gallie asserts that “Kant agreed … that nothing but confusion and harm resulted from regarding any wars as just … ” There is a bevy of quotes in the Kantian corpus to support this reading.4One prominent anti-just war quote occurs in Perpetual Peace, when Kant [End Page 324] reflects on the contributions of traditional just war theorists and arrives at the following judgment:It is therefore to be wondered at that the word right has not been completely banished from military politics as superfluous pedantry, and that no state has been bold enough to declare itself publicly in favour of doing so. For Hugo Grotius, Pufendorf, Vattel and the rest (sorry comforters as they are) are still dutifully quoted in justification of military aggression, although their philosophically or diplomatically formulated codes do not and... (shrink)

In the short essay on theory and practice, Kant declares that the social contract differs from all other types of contracts in that agreement to its is obligatory and may be exacted through the use of force. In this paper, I examine Kant's justification of the moral necessity of civil society. Kant locates the ground of our obligation to enter into a civil union in the necessity of property for action and civil society as the necessary condition of the (...) institution of property. It is my contention that the idea of the social contract is central to this project in that it joins together both moral autonomy and political authority in a conceptual unity that establishes the legitimacy of civil society, or the juridical condition as the collective dimension of autonomy. (shrink)

International law has one principal mechanism for settling the legality of humanitarian interventions, the United Nations Security Council's power to authorise coercion. However, this is hardly satisfactory in practice and has failed to provide a more secure juridical basis for determining significant conflicts among states over when humanitarian force is justified. This article argues that, in spite of Immanuel Kant's limited analysis of intervention, and his silence on humanitarian intervention, his political theory provides the elements of a compelling analysis on (...) this topic. Five components of Kant's roadmap towards perpetual peace and an eventual world republic give conditional support for humanitarian intervention even in imperfect juridical conditions. This support is conditional on the achievement of juridical progress within and among states and has implications for the development of cosmopolitan citizenship. From Kant we learn that, ultimately, humanitarian intervention should become a matter of coercive law enforcement rather than an ethical question of ‘saving strangers’. (shrink)

Resumen: Este trabajo examina la posición que adopta Kant en la polémica del spinozismo, la cual involucró a importantes figuras de la Ilustración alemana en un debate acerca de los alcances y límites de la razón. Con la publicación del texto Was heisst: Sich im Denken orientiren?, Kant rechaza tanto la posición de Jacobi -quien declara que la razón es incapaz de arribar a una demostración de la existencia de Dios y proclama la necesidad de un "salto a la fe"- (...) como la posición de Mendelssohn, quien confía en las posibilidades de la razón para alcanzar tal demostración. A través de una concepción de la razón como facultad crítica y autónoma, Kant toma una posición mediadora en el debate, y establece los alcances y límites de la razón, fundamentalmente en lo que atañe a la representación de Dios como ser originario. El concepto de razón esbozado en el escrito de 1786 deja entrever la insoslayable dimensión política ínsita en la noción kantiana de publicidad. El modo en que Kant concibe allí la conexión entre razón, crítica, publicidad y política trasciende los márgenes de dicha polémica e introduce cuestiones fundamentales sobre las condiciones político-jurídicas que se requieren para el ejercicio autónomo del pensamiento. Sin embargo, y pese a la radicalidad de los planteamientos kantianos, la naturalización racionalista de la creencia religiosa supone un límite de la filosofía crítica que exige revisarse a la luz de criterios actuales.: This paper analyzes the position taken by Kant in the controversy of Spinozism, which engaged many important thinkers of the German Enlightenment in a debate on the scope and limits of reason. With the publication of Was heisst: Sich im Denken orientiren?, Kant takes part in the debate and rejects both the position adopted by Jacobi -who regards reason as incapable of reaching a demonstration of God's existence and thus proclaims the necessity of a "leap of faith"-, and Mendelssohn's position, who trusts in the possibilities of reason to reach such a demonstration. By means of a conception of reason as a critical and autonomous faculty, Kant attempts to go beyond both positions, and sets the scope and limits of reason in regard to the representation of God as the originating being. The concept of reason developed within the framework of the critical project exhibits its unavoidable political dimension in the text of 1786. Kant establishes there a connection between reason, critique, publicity, and politics that goes beyond the margins of the controversy and addresses fundamental issues regarding the political and juridical conditions required for an autonomous exercise of reason. However, despite the radical character of Kant's proposals, the rationalistic naturalization of religious belief represents a limit to his critical philosophy, and should be revised by the lights of current criteria. (shrink)