Despite the phenomena of internationalization and Europeanization, legal process remains essentially national in character. However, certain domains of law are already unified. Focusing mainly on the French tradition and its contribution to the construction of a European legal space, this paper: a) criticizes the traditional methods used to manage diversity in law – unifying the law and co-ordinating those legal codes likely to be conflictual; b) studies the debate between universalism and particularism in private international law, a discipline whose essential (...) object is the resolution of the difficulties derived from pluralism; and c) attempts to discern an appropriate path towards a 'renewed universalism' by pursuing a comparative approach which can open the way towards unification but must also be able to preserve the irreducible diversity of law. (shrink)

The Association Henri Capitant des Amis de la Culture Juridique Française and the Société de législation comparée joined the academic network on European Contract Law in 2005 to work on the elaboration of a "common terminology" and on "guiding principles" as well as to propose a revised version of the Principles of European Contract Law. The results of this work were sent to the European Commission and have already been published in French. The English translation is now being published by (...) sellier.elp. This work could contribute to the wider European project. The part on the guiding principles could be a component of the CFR, in the form of "black letter" model rules or recitals. The part on terminology is, in itself, useful for the elaboration of the final various linguistic versions of the CFR. It finds its place within the materials which will accompany the model rules. Last but by no means least, the revised version of the PECL should be considered by the European institutions as an alternative set of model rules on contract law. (shrink)

Short overview of the From Small Beginnings Project and its relevance for resisting eugenics in contemporary society.

The increasing pressure from different facets of society exerted on multinational companies to become more philanthropic and claim ownership of their impacts is now becoming a standard practice. Although research in corporate social responsibility has arguably been recent, the application of activities taking a voluntary form from MNCs seem to vary reflecting a plethora of factors, particularly one obvious being the backwater local communities of developing countries where most of the natural extraction projects are located. This chapter examines views of (...) two Papua New Guinea local communities hosting large-scale mining operations and explains the demands arising from situational relativities, which are becoming too conspicuous for mine developers not to ignore. The research undertaken with several assertions highlights the perceived imperativeness allowing companies to integrate the CSR into the essential management pursuits of running mines in PNG. (shrink)

This article concerns the nature and limits of individuals’ rights to privacy over information that they have made public. For some, even suggesting that an individual can have a right to privacy over such information may seem paradoxical. First, one has no right to privacy over information that was never private to begin with. Second, insofar as one makes once-private information public – whether intentionally or unintentionally – one waives one’s right to privacy to that information. In this article, however, (...) we suggest the moral situation is more complicated than this. Rather, we argue that there is a class of public information – namely, once-private information that individuals have made public unintentionally – which remains within the scope of an individuals’ right to privacy, even when it has passed into the public domain. Significantly, this class includes any information rights-holders were unaware could be inferred from information they have made public and which they would not otherwise have wanted to be in the public domain. As we show, as well as clarifying several everyday dilemmas with regards to individuals’ privacy rights, this finding has elucidates a number of problems in the ethics of Big Data. (shrink)

Abstract In recent debates, both physicalist and anti-physicalist philosophers of mind have come to agree that understanding the nature of phenomenal concepts is key to understanding the nature of phenomenal consciousness itself. Recently, however, Derek Ball (2009) and Michael Tye (2009) have argued that there are no such concepts. Their case is especially troubling because they make use of a type of argument that proponents of phenomenal concepts have typically found persuasive in other contexts; namely, arguments much like those that (...) Tyler Burge used to motivate a certain form of externalism about mental content. The goal of this paper is to defend phenomenal concepts against this line of attack. Burge-style arguments, I contend, cannot be successfully used to make the case that there are no phenomenal concepts. As such, phenomenal concepts must remain central to understanding the nature of phenomenal consciousness. (shrink)

Health systems that provide for universal patient access through a scheme of prepayments—whether through taxes, social insurance, or a combination of the two—need to make decisions on the scope of coverage that they secure. Such decisions are inherently controversial, implying, as they do, that some patients will receive less than comprehensive health care, or less than complete protection from the financial consequences of ill-heath, even when there is a clinically effective therapy to which they might have access.Controversial decisions of this (...) sort call for a public justification for covering or not covering a given treatment. Priority-setting agencies play a key role in providing such a justification. A recent... (shrink)

Knowledge of what it’s like to have perceptual experiences, e.g. of what it’s like to see red or taste Turkish coffee, is phenomenal knowledge; and it is knowledge the substantial or significant nature of which is widely assumed to pose a challenge for physicalism. Call this the New Challenge to physicalism. The goal of this paper is to take a closer look at the New Challenge. I show, first, that it is surprisingly difficult to spell out clearly and neutrally what (...) the New Challenge is in fact urging the physicalist to explain. What initially look like plausible or promising ways of making sense of it turn out to be either question begging or insufficient to generate a challenge to physicalism at all. I go on to suggest that what the New Challenge may be asking the physicalist to explain may be the fact that we come to token certain higher-order judgments about the significance of phenomenal knowledge. I end with a discussion of the implications of this interpretation of the New Challenge—which turns out to be as much a challenge for the anti-physicalist as it is for the physicalist. (shrink)

This article asks about the conditions of a sociological operationalization of the capability approach developed by Amartya Sen and Martha Nussbaum. Raising the question of freedom and social opportunities, the capability approach has so far mainly been discussed by economists and philosophers. In order to adopt this approach for a sociological and pragmatist perspective, it engages with methodological and theoretical issues. Whereas capabilities have until now mainly been studied within quantitative frameworks, the author opts for a qualitative method of inquiry (...) that draws on a pragmatist and configurational approach. Such a shift towards qualitative inquiry is a key condition for a better sociological understanding of notions like freedom and opportunities that stand at the core of the capability approach. (shrink)

Wood, Kressel, Joshi, and Louie report that published, but not unpublished, studies of masculinity, dominance, symmetry, and health preferences show significant overall effects of cycle phase. They interpret this as evidence that reports of cyclic shifts in mate preferences are artifacts of publication bias. I will first discuss why these conclusions do not necessarily follow straightforwardly from their results. I will then discuss their findings for health preferences specifically, concluding that their dismissal of a significant overall effect of cycle phase (...) is unreasonable. (shrink)

Music has been seen since the Romantic era as the quintessentially temporal art, possessing a unique capacity to invoke the human experience of time. The Melody of Time explores the multiple ways in which music may provide insight into the problematics of time, spanning the dynamic century between Beethoven and Elgar.

"Characterized by breadth of coverage, a refreshingly balanced approach to controversial issues, & a highly readable style."-Theological Studies.

This paper initiates the reverse mathematics of social choice theory, studying Arrow's impossibility theorem and related results including Fishburn's possibility theorem and the Kirman–Sondermann theorem within the framework of reverse mathematics. We formalise fundamental notions of social choice theory in second-order arithmetic, yielding a definition of countable society which is tractable in RCA0. We then show that the Kirman–Sondermann analysis of social welfare functions can be carried out in RCA0. This approach yields a proof of Arrow's theorem in RCA0, and (...) thus in PRA, since Arrow's theorem can be formalised as a Π01 sentence. Finally we show that Fishburn's possibility theorem for countable societies is equivalent to ACA0 over RCA0. (shrink)

Offers an analysis of three strongly contrasting primitive civilizations, showing how behavior is influenced by custom and tradition.

Background: The phenomenon of forceful physical restraint in pediatric care is an ethical issue because it confronts professionals with the dilemma of using force for the child’s best interest. This is a paradox. The perspective of healthcare professional working in pediatric wards needs further in-depth investigations. Purpose: To explore the perspectives and behaviors of healthcare professionals toward forceful physical restraint in pediatric care. Methods: This qualitative ethnographic study used focus groups with purposeful sampling. Thirty volunteer healthcare professionals (nurses, hospital aids, (...) physiotherapists, and health educators) were recruited in five pediatric facilities in four hospitals around Paris, France, from March to June 2013. The data were processed using NVIVO software (QSR International Ltd. 1999–2013). The data analysis followed a qualitative methodological process. Ethical Considerations: The research was conducted in compliance with the Declaration of Helsinki. Written informed consent was collected systematically from participants. Findings: This study provides elements to help understand why restraint remains common despite its contradiction with the duty to protect the child and the child’s rights. All participants considered the use of forceful physical restraint to be a frequent difficulty in pediatrics. Greater interest in the child’s health was systematically used to justify the use of force, with little consideration for contradictory or ethical aspects. Raising the issue of forceful restraint always triggered discomfort, unease and an outpour of emotions among healthcare professionals. The findings have highlighted a form of hierarchy of duties that give priority to the execution of the technical procedure and legitimize the use of restraint. Professionals seemed to temporarily suspend their ability to empathize in order to apply restraint to carry out a technical procedure. This observation has allowed us to suggest the concept of “transient empathic blindness.” Conclusion: Using physical restraint during pediatric care was considered a common problem by participants. This practice must be questioned, and professionals must have access to training to find alternatives to strong restraint. Conceptualizing this phenomenon with the concept of “transient empathic blindness” could help professionals understand what happens in their minds when using forceful restraint. (shrink)

By explicitly addressing moral knowledge from a particularists perspective, this book can engage with an established and vibrant area of moral philosophy whilst making a distinctive and productive contribution to a relatively neglected dimension of it.

Issues of methodology are central to the philosophy of moral progress. However, the idea that effective moral methodology, as well as being instrumental to progress, might also constitute progress has not been adequately explored. This paper will critically assess the merits of this idea – what I call ‘pure proceduralism about moral progress’ – taking Philip Kitcher's recent theory of ‘democratic contractualism’ (2021) as a test case. An epistemology of pure procedural moral progress will be sketched: namely, a naturalised epistemology (...) of paradigmatic instances of moral progress. Assuming an ideal procedure exists and has been at least approximately instantiated (an empirical claim), we learn about its form by studying paradigms of historical moral progress. From this epistemological method will be derived theoretical constraints on what can count as a theory of moral progress per se: it must capture the core semantic constraints on the term ‘moral progress,’ those features without which we would not recognise a change as moral progress. While this poses a tougher challenge for pure proceduralism than for more traditional approaches to moral methodology, it will be concluded that the potential of pure proceduralism as a viable metaethics of moral progress remains an exciting open question. (shrink)

It is a striking fact from reverse mathematics that almost all theorems of countable and countably representable mathematics are equivalent to just five subsystems of second order arithmetic. The standard view is that the significance of these equivalences lies in the set existence principles that are necessary and sufficient to prove those theorems. In this article I analyse the role of set existence principles in reverse mathematics, and argue that they are best understood as closure conditions on the powerset of (...) the natural numbers. (shrink)

Plain Anabaptists are a small but rapidly growing ethnoreligious society with significant concentrations of population in a number of regions in North America. Among the most widely known of the various groups of Plain Anabaptists are the Amish and the Old Order Mennonites. It is the purpose of this article to provide insight into the culture and values of the Plain Anabaptists so that those who may be called upon to address ethical conflict involving Plain Anabaptists can do so with (...) appropriate knowledge and sensitivity. The discussion of the culture and values of the Plain Anabaptists will be organized as follows: first we will explore the implications of Plain Anabaptist culture and values for applying the ethical principles of respect for autonomy and beneficence/nonmaleficence. Second, a brief description of several elements of Plain Anabaptist culture will be discussed with attention to the potential they create for ethical conflict in the healthcare setting. (shrink)