The paper provides an economic interpretation of legal culture. Drawing on analogies from other products and services markets, I argue that combinations of legal language, procedures and conceptual structures constitute a network which, mainly through cost considerations, come to occupy a dominant position in particular jurisdictions. The facts that a particular legal culture will be adopted by political rulers and that practising lawyers can both control entry to the profession and ‘capture’ law‐making processes suggest that legal culture networks may be (...) protected against competition. To the extent that they have monopolistic power, lawyers can exploit the key features of legal culture to extract rents: the law used can be more formalistic, more complex and more technical than is optimal. Whether the monopolistic power of a particular legal culture is sustainable depends on the relative strength of potential competitive forces. These can take the form of alternative cultures becoming available for particular branches of the law, thus partially dismantling the network, or through transfrontier transactions opening up the network to competition from foreign systems. (shrink)

This editorial provides a review of the current ways in which health economics is impacting on policy and reviews some of the key ethical and value-judgmental issues that commonly arise in and as a result of the work of economists. It also briefly highlights the contributions of the authors of this special issue of the journal, all of which illustrate how economists have approached ethical issues in health service policy , and some of which explore the major methodological matters that (...) arise and go on to discuss their potential as sources of conflict or harmony with other approaches to the same questions. (shrink)

This paper examines the concepts of desert and luck, familiar in political theory but neglected by sociologists. I argue that the idea of desert is composed of both personal performance and the degree of responsibility a person has over that performance. Distribution ought to be in accordance with the indebtedness created by the person's performance. This can be compromised by luck; that is, personal desert is undermined where lack of performance scuttles the applicability of the contributory model. This paper examines (...) recent work, focusing on establishing desert criteria for each person's ends and life‐plans, and a formula for distribution according to personal welfare. (shrink)

The Sustainable Development Goals are an opportunity to address major social and environmental challenges. As a widely agreed framework they offer a potential way to mobilise stakeholders on a global scale. The manner in which the goals, with time-based targets and specific metrics, are set out within a voluntary reporting process adopted by both governments and business, provides a fascinating and important case for organisational studies. It is both about advancing performance measurement and evidence-based policy-making for sustainable development, and also (...) participation and consultation at a wider, more global scale, than has ever been possible before. This paper contributes to the notion of SDGs as a wicked problem, answering calls for deeper theorisation, via synthesis with core ideas in the management field of decision theory. A case study on the wicked problem of deforestation and its links to supply chains, multi-stakeholder initiatives and SDG reporting, provides an illustration of the relevance of the application of decision theory to wicked problems, presented using a novel conceptual framework. This helps to illustrate new avenues for research and practical application regarding the balance of technocratic and participative approaches for sustainable development. (shrink)

The debate between “Normativists” and “Teleologists” about the normativity of belief has been taken to hinge on the question of which of the two views best explains why it is that we cannot believe at will. Of course, this presupposes that there is an explanation to be had. Here, I argue that this supposition is unwarranted, that Doxastic Involuntarism is merely contingently true. I argue that this is made apparent when we consider that suspended judgement must be involuntary if belief (...) is, that suspended judgment is not a belief, and that the aim or norm of suspended judgement cannot be constitutive if suspended judgement is not a belief. (shrink)

Matthias Steup (Steup 2008) has recently argued that our doxastic attitudes are free by (i) drawing an analogy with compatibilism about freedom of action and (ii) denying that it is a necessary condition for believing at will that S's having an intention to believe that p can cause S to believe that p . In this paper, however, I argue that the strategies espoused in (i) and (ii) are incompatible.

A critical engagement with Black Skin, White Masks in the wake of social construction theory and controversies over critical race theory.

This research work examines Heidegger's (1889-1976) contention that phenomenology can inspire, illuminate, motivate, reinforce and guide (human) individual's actions. It achieves this by adapting Heidegger's phenomenological approach to analyze and interpret representative everyday factical experiences of nepotism, selfishness and mass mentality in the (Nigerian) society. Doing this helps to ascertain whether these experiences have any phenomenological link with inauthenticity. Also, it provides a close reading and interpretation of Heidegger's treatment of authentic existence, and explores the possibility of complimenting it with (...) the phenomenology of Commensality, as a mode of care and a way to authenticity. In this manner, it strategically explores possible ways of inspiring individual Daseins to authenticity, and with it engendering a positive transformation of the (Nigerian) society. Presenting and elaborating the phenomenology of Commensality, the work highlights the relationship and the differences between the phenomenology of Commensality and the ontical or sociological understanding of commensality as obtained in African traditional societies. Phenomenology of Commensality argues for the 'renaissance' of Commensality, concretely expressed as Onyenkeanyi, and not just for its 'revival'. The research work further develops the phenomenology of education for Commensality, discussing the possible content and focus of its curriculum, while differentiating it from ethics. The proper implementation of phenomenology of education for Commensality could inspire and illuminate individual Daseins to authenticity, and thereby becomes an improvement strategy for the positive transformation of the (Nigerian) society. As a phenomenology, it is appropriate that the people and places analyzed take on a definite character, which is why the Nigerian society is used. However, it is expected that the implications of the findings presented here will be general and accurate enough to allow application to any number of similar situations. (shrink)

Introduction : Fanon now -- Reading fanon anti-piously : on the need to appropriate -- The struggle within humanism : Fanon and Said -- The humanism effect : Fanon, Foucault, and ethics without subjects -- The futures of postcolonial criticism : Fanon and Kincaid -- "Enough of this scandal" : reading Gilroy through Fanon, or who comes after "race"? -- "Any decolonization is a success" : Fanon and the African spring -- Conclusion : singularity and solidarity : Fanonian futures.

Anne Cova & Bruno Dumons (dir.), « Femmes, genre et catholicisme. Nouvelles recherches, nouveaux objets (France, xixe-xxe siècle) », Chrétiens et sociétés (Documents et mémoire, n° 17), 2012, 208 p. Le dernier numéro de la revue Chrétiens et sociétés dirigé par Anne Cova et Bruno Dumons s’intéresse aux « nouvelles recherches » et aux « nouveaux objets » portant sur les femmes, le genre et le catholicisme à l’époque contemporaine. Cet ouvrage est principalement issu d’une journée d’étude orga...

An introduction to Reformed Epistemology.

I analyse the concept of sentimental value, with a view to identifying its relations with the notions of intrinsic, final, extrinsic and instrumental value. The analysis explores issues arising in the understanding of an object as sentimentally valuable, and reveals a serious tension in the common sense extrinsic conception of sentimental value.

Critiquing any practice, theory, or law, requires understanding the characteristics of the environment which created a need for this law. There are hundreds of different cultures in the world, and each one has its own set of norms, characteristics, and values. What in one country is perceived normal, ethical or unethical, right or wrong, may not be the same somewhere else in the world. The first civilizations begun in Africa and Europe many thousands of years ago when people were hunters (...) and nomads, it is not unreasonable to suspect that many of those traits and characteristics have been socially transferred and/or inherited by future generations. (shrink)

This dissertation may be viewed as an exposition of the philosophical implications of a single eight-character sentence from the works of the Tiantai Buddhist monk Siming Zhili , the literal meaning of which may be rendered: "Other than the devil there is no Buddha, other than the Buddha there is no devil." A context in which to effectively interpret the significance of this claim is provided by examining the Chinese philosophical tradition with an eye for three closely related themes: notions (...) that do not share the arguably common-sense assumption that "good" and "bad" are mutually exclusive categories; concepts of holism ; and the conception of intersubjectivity as a primary, constitutive and ultimate component of experience. The work begins with introductory chapters laying out the nature of the problem, its parameters and implications, and the methodological limitations bearing on the investigation to follow. The next portion consists of an examination of ideas of value paradox, holism and intersubjectivity as they are developed by pre-Qin thinkers, including Confucius, Mencius, Xunzi Mozi, Laozi and Zhuangzi. The study culminates in an examination of the disputes over the Tiantai doctrine of "the evil inherent in the Buddha-nature" , beginning with its background in Indian and earlier Chinese Buddhism, and reaching its zenith in Zhili's notion of "the ultimacy of the dung beetle," as predicated on an assertion of an uncompromising identity between value and anti-value , a thoroughgoing omnicentric holism, and an insistence on the all-pervasiveness and ultimacy of constitutive intersubjectivity. By rendering these initially counterintuitive notions coherent, it is hoped that an alternative view of human experience, premised on omnicentric holism rather than atomism or unicentrism, on intersubjectivity rather than objectivity or subjectivity, and on value paradox rather than value dichotomy, will come into focus, thereby providing an additional resource to our arsenal of possible approaches to the world. (shrink)

In Memoriam for Professor Michael Scriven.

Reproduced here in facsimile, this volume was originally published in 1980 and is available individually. The collection is also available in a number of themed mini-sets of between 5 and 13 volumes, or as a complete collection.

The ethical practices of credit rating agencies, particularly following the 2008 financial crisis, have been subject to extensive analysis by economists, ethicists, and policymakers. We raise a novel issue facing CRAs that has to do with a problem concerning the transmission of epistemic status of ratings from CRAs to the beneficiaries of the ratings, and use it to provide a new challenge for regulators. Building on recent work in philosophy, we argue that since CRAs have different stakes than the beneficiaries (...) of the ratings in the ratings being accurate, what counts as knowledge concerning credit risk for a CRA may not count as knowledge for the beneficiary. Further, as it stands, many institutional investors are bound by law to make some of their investment decisions dependent on the ratings of officially recognized CRAs. We argue that the observation that the epistemic status of ratings does not transmit from CRAs to beneficiaries makes salient a new challenge for those who think current regulation regarding the CRAs is prudentially justified, namely, to show that the harm caused by acting on a rating that does not have epistemic status for beneficiaries is compensated by the benefit from them acting on a CRA rating that does have epistemic status for the CRA. Unlike most other commentators, therefore, we offer a defeasible reason to drop references to CRAs in prudential regulation of the financial industry. (shrink)

Les recherches sur le phénomène de l’attention prennent en général leur départ dans la nature de la conscience, dans sa relation avec les choses du monde. Cette approche fondamentale concerne aussi bien la démarche empirique de la psychologie que la démarche philosophique et phénoménologique. Dans le premier cas, l’attention est considérée comme la réponse mentale à un stimulus issu d’un objet – réponse qui, de son côté, projette un champ thématique. Dans le deuxième cas, l’attention est décr...

Name der Zeitschrift: Semiotica Jahrgang: 2015 Heft: 207 Seiten: 279-301.

Since its inception in the Middle Ages, the university classroom can be characterized by students gathered around a sage who imparts his or her knowledge. However, the effective classroom of today looks vastly different: First-year engineering students not only learn basic engineering principles, but are also guided to consider their own inner values and motivations as they design and build adaptive devices for people with disabilities; students in a large chemistry lecture work animatedly together in small groups on inquiry-based activities (...) while an instructor and teaching assistants circulate and guide their learning; students learning differential equations practice explicit metacognitive skills while problem-solving in class. Even though educational research, especially research that is targeted at STEM disciplines, demonstrates what most effectively engages students and supports their learning, many of today's classrooms look much like they did a century ago, with a professor delivering a primarily one-way lecture and students passively sitting in seats bolted to the floor. At this juncture in history, colleges and universities face a public call to engage a more diverse representation of students in effective learning, persistence, and degree attainment, and to do so economically and efficiently. It is essential that institutions draw upon methods demonstrated to effectively increase student learning and success. Educational researchers have thoroughly explored the "basic" science in this area, and a body of literature documents effective evidence-based instructional practices, hereafter referred to as EBIPs. (shrink)

Drawing on institutional historical records, interviews and student theses, this article charts the intersection of hospital acquired illness, the emergence of antimicrobial resistance (AMR), environments of armed conflict, and larger questions of social governance in the specific case of the American University of Beirut Medical Center (AUBMC) in Lebanon. Taking a methodological cue from approaches in contemporary scientific work that understand non-clinical settings as a fundamental aspect of the history and development of AMR, we treat the hospital as not just (...) nested in a set of social and environmental contexts, but frequently housing within itself elements of social and environmental history. AMR in Lebanon differs in important ways from the settings in which global protocols for infection control or rubrics for risk factor identification for resistant nosocomial outbreaks were originally generated. While such differences are all too often depicted as failures of low and middle-income countries (LMIC) to maintain universal standards, the historical question before us is quite the reverse: how have the putatively universal rubrics of AMR and hospital infection control failed to take account of social and environmental conditions that clearly matter deeply in the evolution and spread of resistance? Focusing on conditions of war as an organized chaos in which social, environmental and clinical factors shift dramatically, on the social and political topography of patient transfer, and on a missing “meso” level of AMR surveillance between the local and global settings, we show how a multisectoral One Health approach to AMR could be enriched by an answering multisectoral methodology in history, particularly one that unsettles a canonical focus on the story of AMR in the Euro-American context. (shrink)

In this paper, I attempt to develop what I call an ‘Analytic, Fārābian’ conception of Orientalism. The motivation for this conception is that it helps us with the task––identified by Wael B. Hallaq––of going beyond ‘rudimentary political slogans’ attached to the theory of Orientalism and instead to identifying Orientalism’s underlying ‘psycho-epistemic pathology’ (Hallaq 2018, 4). In order to do this properly, according to Hallaq, we need to find a methodological alternative to that which makes Orientalist discourse possible. Hallaq identifies the (...) underlying problem as a commitment to secular humanism, and the solution its abandonment. However, I think the problem is a deeper one, which can roughly be stated as follows: how can we accept the pervasiveness of ideological influence without abandoning the idea that our theories aim (and to some extent succeed) at representing objective reality—such that we can say that Orientalism is a real phenomenon, and not merely something we happen to believe is a phenomenon. Conceiving Orientalism from within a Fārābian epistemology and using analytic tools to understand it (which I argue constitutes a unique and distinctive kind of fallibilism) makes head-way here where other conceptions fail. (shrink)

This work takes up the problem of moral conflict, wherein a person must choose between two or more evils. The problem lies behind such issues as the defensive war, therapeutic abortion, and contraception. It becomes a religious question because, as the author argues, religion elicits the same kind of openness to values as is needed for addressing moral dilemmas. After culling insights out of the history of Christian ethics, Blasi presents phenomenologies of both moral decision making and religion, and uses (...) the results to address the variety of moral dilemmas. (shrink)

_Sociologies of Religion: National Traditions_ presents fourteen histories of the sociological study of religion in a diverse set of nations. The authors narrate the stories behind major personages, theoretical traditions, seminal works, research institutes, and professional associations.