The Declaration of Geneva is one of the core documents of medical ethics. A revision process was started by the World Medical Association in 2016. The WMA has also used this occasion to examine how the Declaration of Geneva is used in countries throughout the world by conducting a survey of all WMA constituent members. The findings are highly important and raise urgent questions for the World Medical Association and its National Medical Associations : The Declaration of (...) Geneva is only rarely used as an oath text despite the fact that physicians’ oaths are generally widespread. This is not consistent with the intention and claim of the Declaration of Geneva. The article then discusses three questions. Should there be one single binding oath? Which organization should be responsible for such an oath? Which oath is the most obvious candidate? In a globalized world and despite all cultural diversity, the medical profession should have one core moral basis which is binding for physicians all over the world. The most obvious candidate for an oath incorporating this moral basis is the Declaration of Geneva. (shrink)

_Contract Theory_ examines the logical and conceptual structures that arise in the process of making, honoring, and enforcing contracts. The touchstone of Anglo-American contract law is the determination of contractual intent. Two theories have competed for center stage: the subjective theory of the "meeting of the minds" and the objective theory in which the parties' manifestations and the transaction's contextual factors became the means for contract interpretation and enforcement. The implementation of the objective theory of contract is the "reasonable person (...) standard." Larry DiMatteo focuses on the development, construction, and application of the reasonable person standard. He undertakes a study of the origins of the reasonable person in the disciplines of philosophy, theology, and psychology and concludes with an examination of the interplay between this objective standard and the subjectivity of judgment. The importance of the synthesis of the objective and subjective elements of contracts is crucial for a complete understanding of contract law. (shrink)

Currently, electronic agents are being designed and implemented that, unprecedentedly, will be capable of performing legally binding actions. These advances necessitate a thorough treatment of their legal consequences. In our paper, we first demonstrate that electronic agents behave structurally similar to human agents. Then we study how declarations of intention stated by an electronic agent are related to ordinary declarations of intention given by natural persons or legal entities, and also how the actions of electronic agents in this respect have (...) to be classified under German law. We discuss four different approaches of classifying agent declarations. As one of these, we propose the concept of an electronic person (i.e., agents with limited liability), enrolment of agents into an agent register, and agent liability funds as means to serve the needs of all contracting parties. (shrink)

The purpose of this article is to call for the formulation and adoption of a declaration on the universal rights and duties of business. We do not attempt to define the specific contents of such a declaration, but rather attempt to explain why such a declaration is needed and what would be some of its general characteristics. The catalyst for this call was the recognition that even under optimal conditions, good companies sometimes are susceptible to moral lapses, (...) and when companies undertake ventures in authoritarian countries with poor human rights records, even those with the best intentions may find themselves drawn into complicity in human rights abuses. There, market exigencies may persuade them to leave their codes of ethics and commitments to human rights at home. Pragmatism, it would seem, requires thatthey accept the ethical inconsistencies that follow from a “When in Rome, do as they Romans do” outlook. When facing the moral dilemma about whether or not to invest in human rights abusing countries, companies are offered two alternatives: they can operate in those countries and accept potential complicity or they can stay away. We suggest, however, that a preferable option is to address the underlying problem, and to this end we advocate the promulgation of a declaration for business that is comparable to the Universal Declaration of Human Rights. Our proposed name for this is the “Declaration on the Universal Rights and Duties of Business.” To be effective, such a declaration would require enforcement mechanisms. To illustrate this issue, we focus on China, not because China is unique in its human rights abuses, but because China occupies such a central place in the globalization efforts of the major companies from around the world. A robust international declaration is needed to provide a common framework for the practice of consistent and fair business competition everywhere. (shrink)

Article is devoted to ethical aspect of a performativity which usually remains beyond the scope of esthetic, political, linguistic aspects. In modern performance studies are usually combined the private and exact entered by Ostin definition of a performativity as the word making action, and widespread Marxist idea of the critical, changing the world theory potential. In article the main rate becomes on the heterodox reading of a performativity following criticism of violence of metaphysics of Levinas. If the theory is output (...) from ethics, then the performativityt is thought as radical passivity of the theory. In that case, crucial importance for conceptual model of the subject is gained by not epistemological, but ethical measurement, namely ethics of a categorical imperative. The categorical imperative is arranged as a performatory contradiction between desire and a will, it fixes a situation of a gap, an akrasia, otherwise, of the decision. Two modern interpretations of value of a concept of the subject of the decision are given in article. One of them - positive, belongs Badiou, it is the subject of fidelity to an event. It will be coordinated with the subject of practical mind of Kant as it is supported by the pure and formal movement of will. However this model, according to Meillassoux, can be considered transitional as the exclusivity of the decision undermines a correlation circle. The criticism of the Philosophical Decision as distributions of transcendental and empirical functions, offered by Laruelle appears really fresh course. Non-philosophy thinks of itself as the only performatory theory because it registers this initial decision and refuses to go on a speculative circular way of philosophizing. The main problem connected with non - philosophy, consists that its performativity remains rather declarative, conditions of a solution of the problem of an akrasia, a gap between desirable and possible are not clear. (shrink)

During contractual negotiations, one party may lead the other into error, thus causing loss or damage. If misrepresentation is shown, the aggrieved party may therefore claim for damages or rescission. In the English law, it was for many years unclear whether a finding of misrepresentation required proof of deliberate, intentional fraud, or whether it could be analysed as a simple failure of consensus, in which case it would be sufficient to show negligence. According to the traditional rule, the misleading (...) class='Hi'>declaration had to be factually false, and concern an existing state of affairs or a verifiable past event. However, expressions of personal opinion or of future intention can mislead, although they cannot sensibly be considered as true or false. Further, in practice, many literally true sentences are liable to give false impressions. Such statements may be ambiguous or only partly true. Like linguists and ethical philosophers, the judges are confronted with recursive problems of understanding and re-interpretation. Citations from a number of celebrated English cases are given to show that in spite of significant developments, no legal rules or principles can satisfactorily account for intuitions concerning intentional behaviour and morality. (shrink)

Le sens et la fonction de la Déclaration des droits de l’homme et du citoyen furent l’objet de longues et nombreuses controverses. Parmi les différentes approches du texte, juridiques ou sociologiques, nous retiendrons la méthode conçue à propos de Ténoncé performatif par le philosophe anglais J. L. Austin, car elle nous permet de découvrir sur quelles procédures conventionnelles s’appuie la bonne réception de la Déclaration, à quelles règles de conduite existantes, les constituants ont-ils fait appel. Ces conventions, en l’occurrence l’acte (...) de serment et de promesse, apparaissent dans le texte à l’état d’indices, cette dimension étant masquée par l’intensité de la rupture que la Déclaration instaure au plan politique. Ce décodage des intentions des constituants nécessite le recours à une analyse des contextes: contexte socio-historique immédiat et environnement conceptuel.The meaning and the function of the Declaration of the rights of Men and Citizen has been discussed for a long time. We prefer, among different lectures of the text, the method contrived for an explanation of performative utterances, by the english philosopher J. L. Austin: it can enable us to discover on what convention a good reception of the Declaration is based, what rules of conducts the " constituants " have choosed. These conventions - oath and promise - appear in the text as mere indications. The intensity of the political rupture hide them. To decode the " constituante " intentions, a contextual analysis is needed, that is both immediate socio-historical context and conceptual context. (shrink)

Authorial and artistic declarations would seem to be a boon to interpreters who favor actual intentionalism. However, because they believe there are limits on the power of authors and artists to embody their intentions in their works, moderate actual intentionalists hold that some intentions are irrelevant. Looking closely at authorial declaration about the sexuality of Albus Dumbledore in the Harry Potter novels, I argue in favor of the extreme actual intentionalist position that genuine authorial declarations should not be ignored (...) because authorial intention always determines meaning. The answer to the question in the subtitle is that we do not know with certainty, even though there is a definite right answer. We can argue for the answer we think is most likely, however. And aided by the distinction between meaning and significance, extreme actual intentionalism provides a clear and consistent way of making such arguments while avoiding the problem of being stuck with an interpretation we find aesthetically displeasing. (shrink)

For over last 70 years, the concept of "return" attained primary focus for the national narrative of Palestinian struggle against devastating conditions, categorized as eviction from ancestral homeland, diffusion in all aspects and reconstitution of national unity. However, the very idea create fears among Israelis regarding their authority of whole Zionist enterprise, as well as demographic stability of Arab-Jewish ventures, with regards to the return of large number of Palestinians to their own places or any other part in Palestine. Discrimination (...) in opposition to Palestinians is no longer perpetrated fully by Israeli state, but common to its society, as well. Our article is an answer to the complicated question: Can refugees along with other displaced victims ever claim their right in entering Israel and Palestine, since this State includes Gaza and West Bank territories? Various articles have made an attempt to clarify the matter through some internal laws and have also interpreted the rights mentioned in ‘International Covenants on Civil and Political Rights’, particularly while clarifying the idea evolved from the typical term: 'his own country’. The article focuses on the viable first point, specifically on the claim as a right of the Diasporas return to the formerly called ‘Palestine’. Various resources are utilised for the purpose of the research. This includes books, scholarly researched articles and newspapers etc. The study is analytical in nature and based on qualitative research method. Most of the literature used for the article is Secondary. The conclusion drawn in precise manner is that the intentions are blended in repeated violations of human rights, along with ethnic and religious refining and various innumerable deficiencies, and try to become regularly involved in sensitive issues. This turned out to be disheartening for the people living there as no efforts are made for a truthful resolution. (shrink)

Background: Ethical reflections over care practices are important. In order to be able to perform such reflections, healthcare professionals must learn to think critically about their care practice. Aim: The aim of this study was to evaluate whether an introduction to and practice in ethical reflections in community healthcare have consequences for the healthcare personnel’s practice. Research design: A mixed-methods design was adopted with five focus group interviews and an electronic questionnaire based on results from the interviews. Participants and research (...) context: A total of 29 community healthcare personnel with experience in ethical reflections participated in the interviews. The electronic questionnaire was sent via email to 2382 employees in community healthcare services in 13 municipalities in southern part of Norway. Ethical considerations: The study was guided by the intentions of the Declaration of Helsinki and ethical standard principles and approved by the Norwegian Social Science Data Services. Results: An introduction to and practice in performing ethical reflections brought about an ethical awareness with understanding and respect for both colleagues and patients. The leader had a key role. Lack of time was a hindrance for ethical reflections. Three factors could predict meaningful ethical reflections: higher age of personnel, higher percentage of employment and longer experience with ethical reflections. Discussion: According to other studies, ethical reflections may enhance moral development of colleagues and their actions as advocates for the patients. A deepened ethical awareness, professional competency and sufficient time resources will guarantee proper caregiving. Conclusion: A supportive environment that prioritizes participation in reflection meetings is decisive. To practice ethical reflections will provide better care for patients. A challenge for the community healthcare system is to offer adequate positions that provide the personnel an opportunity to be involved as caregivers and to participate in ethical reflections. (shrink)

Despite recent growth in surveillance capabilities there has been little discussion regarding the ethics of surveillance. Much of the research that has been carried out has tended to lack a coherent structure or fails to address key concerns. I argue that the just war tradition should be used as an ethical framework which is applicable to surveillance, providing the questions which should be asked of any surveillance operation. In this manner, when considering whether to employ surveillance, one should take into (...) account the reason for the surveillance, the authority of the surveillant, whether or not there has been a declaration of intent, whether surveillance is an act of last resort, what is the likelihood of success of the operation and whether surveillance is a proportionate response. Once underway, the methods of surveillance should be proportionate to the occasion and seek to target appropriate people while limiting surveillance of those deemed inappropriate. By drawing on the just war tradition, ethical questions regarding surveillance can draw on a long and considered discourse while gaining a framework which, I argue, raises all the key concerns and misses none. (shrink)

Discussion of the “dead donor rule” is challenging because it implicates views about a wide range of issues, including whether and when patients are appropriately declared dead, the validity of the doctrine of double effect, and the moral difference between or equivalence of active euthanasia and withdrawal of life‐sustaining treatment. The DDR will be defined here as the prohibition against removal of organs necessary for the life of the patient—that is, the prohibition of intentionally ending the life of a patient (...) through organ removal. At a minimum, it is difficult not to see the DDR as grounded in a set of laws, norms, values, and practices that are firmly entrenched and have a great deal of philosophical, religious, and legal support. Obviously, the primary argument against the DDR is that it is highly desirable that we continue to procure organs for transplantation, combined with the belief that those from whom we often and possibly typically procure organs are not “really” dead. If donors are not really dead, then we are left with a dilemma: either we abandon organ procurement, or we abandon the DDR. Such a move should be taken only if the way we currently delineate the dead (those from whom it is acceptable to remove organs) cannot be maintained or defended. I will suggest that this is not the case. (shrink)

This paper attempts to elucidate Wittgenstein’s remark about the “strange resemblance between a philosophical investigation (especially in mathematics) and an aesthetic one” from 1937 by looking at its textual and philosophical context. The conclusion is that the remark can be seen both as a description of a particular conception of philosophy, a prescription or declaration of intent (to proceed in a particular way), and a reminder (to Wittgenstein himself) about the form of a philosophical investigation. Furthermore, it is concluded (...) that the Darstellungsform he has in mind is the one that finds expression especially in the first part of the PI. (shrink)

“法律行為”是民法理論中的一個基本概念，是民法基本原則以及民法體系得以建立的基石。本書追溯了這一概念的歷史發展與社會理論基礎，剖析了法律行為傳統概念中以意思表示為核心的缺陷與困境，提出以規範性為核心取 代意思表示重新構建民法體系，才能符合理論與司法實踐的需要。法律行為國內少有研究，以專著形式的探究更是付之闕如，本書填補了近年來的理論空白。.

ABSTRACT This essay focuses on two underlying presumptions that impinge on the effort of UNESCO to engender universal agreement on a set of bioethical norms: the conception of universality that pervades much of the document, and its disregard of structural inequalities that significantly impact health. Drawing on other UN system documents and recent feminist bioethics scholarship, we argue that the formulation of universal principles should not rely solely on shared ethical values, as the draft document affirms, but also on differences (...) in ethical values that obtain across cultures. UNESCO's earlier work on gender mainstreaming illustrates the necessity of thinking from multiple perspectives in generating universal norms. The declaration asserts the ‘fundamental equality of all human beings in dignity and rights’1 and insists that ‘the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition’2 yet it does not explicitly recognize disparities of power and wealth that deny equal dignity and rights to many. Without attention to structural (as opposed to merely accidental) inequities, UNESCO's invocation of rights is so abstract as to be incompatible with its avowed intention. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Hume Studies Volume XX, Number 2, November 1994, pp. 261-287 Collingwood's Understanding of Hume S. K. WERTZ What was David Hume's reception in the British idealistic tradition? In this paper, I shall contribute a short chapter on this question by examining Hume's place in R. G. Collingwood's thought.1 Such an examination has been lacking in the literature, so what follows is a comprehensive study of Collingwood's use of Hume (...) throughout all of R.G.'s writings. I shall mainly focus on two main, unrelated discussions of Hume: first is the theory of the imagination which primarily occurs in The Principles of Art, and second is the set of relations between human nature and human history which is principally found in The Idea of History. These sections will be followed by a section on minor discussions and omissions and a conclusion. It is a common misconception that Collingwood (1889-1943) has little to offer Hume scholarship, and I wish to amend that here. Actually, Collingwood has good insights into the nature of the imagination and its role in human understanding, besides instructive thoughts on Hume on human nature and history, even though his discussion of the latter is flawed. This essay serves both historical and philosophical purposes. It is to sample Hume's place in early twentieth century British idealism at a time when he began to emerge as an important philosophical figure worthy of careful study. (By "idealism," I mean the philosophical movement which takes ideas to be an irreducible part of the world and whose program is opposed to both materialism and realism.) So Collingwood's portrait is historically interesting. But over and above this, it carries significant philosophical amendments, S. K. Wertz is at the Department of Philosophy, Texas Christian University, Box 30781, Fort Worth, TX 76129 USA. e-mail: [email protected] 262 S. K. Wertz criticisms, and suggestions about Hume's thought and the eighteenth century intellectual climate. Collingwood has mostly been studied as a philosopher of history or as an aesthetician, but not in toto from the perspective of one of the historical figures to whom he is deeply indebted. Such a view affords a portrait of Hume that is instructive and rewarding. The comparison of Hume and Collingwood lead us to finer appreciation of both philosophers. Let us first look at Collingwood's positive contribution. Imagination Collingwood begins his analysis by declaring his intentions: I shall...try to show that there are such things, to be with what Hume (whose account of them I shall take as my starting-point) called 'ideas' as distinct from 'impressions'. I shall try to show that there is a special activity of mind correlative to them, and that this is what we generally call imagination, as distinct from sensation on the one hand and intellect on the other. (PA 170-71, emphasis added) Why would Collingwood start with Hume's distinction between impressions and ideas? Undoubtedly, this means that Collingwood is willing to accept the validity of the distinction and to build on it. Isn't this a strange place for an idealist to begin? Not really. When we look at British philosophy at the turn of this century, we find idealists preoccupied with the distinction,2 so it is not extraordinary to find Collingwood utilizing it to some extent. Like most Oxford students of the time, Collingwood read Locke, Berkeley, and Hume in his undergraduate program. Consequently we find them in the problems he addresses. "It was Hume who first perceived the [Lockean] problem [of confusing sensation with imagination]," Collingwood attributes, "and tried to solve it by distinguishing ideas from impressions" (PA 200). In detail: He [Hume] was right when he laid it down that the immediate concern of thought is not with impressions but with ideas; that it is ideas, not impressions, that are associated with one another and thus built up into the fabric of knowledge; and that ideas, though 'derived' from impressions, are not mere relics of them like an after-taste of onions or an after-image of the sun (as Lockeans like Condillac supposed), but something different in kind: different, if not in what he... (shrink)

This paper examines the culture, the dynamics and the financial underpinnings that determine how medical research is being conducted on children in the United States. Children have increasingly become the subject of experiments that offer them no potential direct benefit but expose them to risks of harm and pain. A wide range of such experiments will be examined, including a lethal heartburn drug test, the experimental insertion of a pacemaker, an invasive insulin infusion experiment, and a fenfluramine "violence prediction" experiment. (...) Emphasis, however, is given to psychoactive drug tests because of the inherent ethical and diagnostic problems involved in the absence of any objective, verifiable diagnostic tool. Effort is made to provide readers comprehensive reference sources to evidence-based reports about the serious risks these drugs pose for adults and children so that the reader may judge whether the benefits (if any) outweigh the risks for children. The first ethical issue raised by these experiments is: did the severity of illness in these children justify their exposure to short and long-term risks? The ethics of the experiments will be evaluated by referring to existing codes of medical research ethics-the Nuremberg Code, the Declaration of Helsinki, and the federal Code of Regulations. The thirteen cases presented will demonstrate that children are being used in ever more speculative experiments, often in the absence of a therapeutic intent, but a significant chance for causing harm and / or discomfort. Some of the experiments were designed to explore the mechanisms of pathology and pharmacological interventions, or the response of neurological brain receptors to chemical provocation ("challenge"). Others were designed to test the safety or efficacy of new drugs, even to test these drugs on healthy children who were hypothesized to be "at risk." Children and adolescents have been subjected to "forced dose titration" experiments that induced a spectrum of severe adverse effects, including insomnia, extreme restlessness, agitation, (akathisia) and self-injurious behavior. FDA reports show that suicide is a significant issue in psychotropic drug trials-in pediatric trials the problem is even greater. The paper aims to demonstrate how the enactment of the Better Pharmaceuticals for Children Act (incorporated into the Food and Drug Administration Modernization Act, FDAMA), set in motion a radical shift in public policy by providing huge financial incentives to pharmaceutical companies to test new or patented drugs in children. Federal policy shifted from one aimed at protecting children by setting limits on permissible research risks, to a policy aimed at broadening the inclusion of children as test subjects. It will be shown how the FDA and the Department of Health and Human Services lifted regulatory restrictions to permit research involving greater than minimal risk to be conducted on healthy children, claiming that all children are potentially "at risk" of a future condition. Children were in this way deprived of regulatory protections. An argument will be made that the approval of nontherapeutic, harmful experiments-such as exposure of toddlers to lead poison-under the current gate keeping system raises serious doubts about the sustainability of institutional review boards (IRBs) as protectors of human research subjects. Children, who are precluded from exercising the adult human's right to informed consent, are being exploited as commodities for commercial ends. It is the position of the author that nothing less than the enactment of a federal law mandating a radical overhaul of the current research review system, with independent checks and balances, will provide children the legal protections they need. Ten specific recommendations are offered to protect children from harmful experiments. (shrink)

When a person decides to do something in the future, she forms an intention and her intention persists. Philosophers have thought about the rational requirement that an agent’s intention persists until its execution. But philosophers have neglected to think about the causal memory mechanisms that could enable this kind of persistence and its role in rational long-term agency. Our aim of this paper is to fill this gap by arguing that memory for intention is a specific kind of memory. We (...) do this by evaluating and rejecting standard declarative accounts of memory for intention and arguing for the plausibility of an alternative model of memory for intention. We argue for the alternative by spelling out a number of computational principles that could enable retaining and retrieving intentions from long-term memory. These principles could explain a number of core features of intentions. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Berel Lang PLOTTING PHILOSOPHY: BETWEEN THE ACTS OF PHILOSOPHICAL GENRE When Hegel wrote that philosophy's Owl of Minerva takes wing only at the falling of dusk, he did not mean that philosophy is always tardy, only that it comes late in the day. It may, however, seem both late and tardy to call attention now to the role of genres in philosophical writing, and still more beside the point (...) to assess the importance of philosophical genres to our philosophical and not only to our literary understanding. Even if we find a way past the varieties of aesthetic nominalism for which any allocation to genres is a snare and a trap— recall here Croce's declaration of"eternal war" against the obscurantism of genres1—we confront the growing skepticism of literary theory as it now disputes not only the formalism presupposed in the taxonomic distinctions of genre, but also the mimetic or representational function of discourse more generally.2 If texts as such can no longer rely on a mimetic ground, it would be impossible for the formal features ofgenre, rooted in the then archaic distinction between form and content, to represent a literary (or indeed any kind of) idea; that is, it would be impossible for them to be philosophically significant. This difficulty only intensifies, of course, for philosophical writing: philosophy, we learn, ought no longer to delude itself with hopes for success as a "mirror of nature" (in Rorty's phrase of opprobrium),3 and it would then be delusion added to delusion to believe that the genres of philosophical discourse might, at another remove, mirror an object which philosophy had mistakenly been supposed to represent in the first place. That original "representation" turns out now to represent nothing at all—and Plato's attack on the deceptions ofart thus discovers a new and finer object in philosophy itself: his indictment of art at least 190 Berel Lang191 supposed that there was something for art to be deceptive about. On this postmodernist account, then, there could be no philosophical point in plotting the course of philosophical genres; and indeed there could hardly be any other point except perhaps for antiquarians intent on finding a place for genres among the other historical curiosities which philosophers, quite inexplicably, once took seriously, like Descartes's piece of wax or Plato's aviary or Berkeley's tar water. Such intimations of the death of genres, however, may be not only premature but misdirected in rather a special way. For even in a less suspicious age, when the prima facie claims for the existence of genres might have been accepted at face value, their role was shadowy, fixed in a rhetorical limbo. Evidently (or so I would argue), there have existed generic conventions of which philosophical writers have been aware and to which their writings conformed. But even among writers in whom this pattern is most explicit and self-conscious, it is not as though the writer, after first reviewing a list of genres, would then simply choose the one among them that most recommended itself. No doubt, a writer's style—including the genre of his writing—is deliberate, in some sense a matter of choice. But the conception of "choice" in this context is an unusual one. Plotting genre could not be like trying on suits until one finds a likely fit— because this would imply that when the philosopher is trying out various possibilities, what he measures them by exists in his own mind as a philosophical Ur-genre, something which itself transcends the requirements of genre. We might suspect the presence here of the genre of all genres that is not itself, however, the member of a genre. And although it is possible that such a philosophical bedrock exists—this would be, in a way, a true philosopher's stone—all that philosophers have turned up in their history as a matter offact is a considerable number and variety of—well, we have to say it—philosophical genres. Genres, in other words, have rarely been read or written as "natural kinds," and yet they have surely been read and written. The distinctions among them and even the broad tide... (shrink)

This essay focuses on two underlying presumptions that impinge on the effort of UNESCO to engender universal agreement on a set of bioethical norms: the conception of universality that pervades much of the document, and its disregard of structural inequalities that significantly impact health. Drawing on other UN system documents and recent feminist bioethics scholarship, we argue that the formulation of universal principles should not rely solely on shared ethical values, as the draft document affirms, but also on differences in (...) ethical values that obtain across cultures. UNESCO's earlier work on gender mainstreaming illustrates the necessity of thinking from multiple perspectives in generating universal norms. The declaration asserts the ‘fundamental equality of all human beings in dignity and rights’1 and insists that ‘the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition’2 yet it does not explicitly recognize disparities of power and wealth that deny equal dignity and rights to many. Without attention to structural inequities, UNESCO's invocation of rights is so abstract as to be incompatible with its avowed intention. (shrink)

In Part I, I consider the normal contexts of assertions of belief and declarations of intentions, arguing that many action-guiding beliefs are accepted uncritically and even pre-consciously. I analyze the function of avowals as expressions of attempts at self-transformation. It is because assertions of beliefs are used to perform a wide range of speech acts besides that of speaking the truth, and because there is a large area of indeterminacy in such assertions, that self-deception is possible. In Part II, I (...) analyze the conditions of self-deception, and discuss the grounds on which it is regarded as irrational, even when particular instances may be beneficial. I consider some of the classical analyses of the motives for self-deception, and attempt to give an account of the occasions in which it is likely to occur. In the final section, I discuss the complex organization of the self that is presupposed by the phenomena of self-deception. (shrink)

The “problem of emotions,” that is, that many of them are both meaningful and corporeal, has yet to be resolved. Western thinkers, from Augustine to Descartes to Zajonc, have handled this problem by employing various forms of mind–body dualism. Some psychologists and neuroscientists since the 1970s have avoided it by talking about cognitive and emotional “processing,” using a terminology borrowed from computer science that nullifies the meaningful or intentional character of both thought and emotion. Outside the Western-influenced contexts, emotion and (...) thought are not seen as distinct kinds of things. Here a solution of sorts is proposed by thinking of emotional expression as a dynamic activity that declares and stirs emotions at the same time. As such, its dynamism may help historians to understand the dramatic changes and trends they investigate. (shrink)

In my dissertation A Study in the Logic of Institutions I develop a logical system for reasoning about institutions and their consistency. Since my dissertation is a work in logic rather than one in socio-political philosophy, I don’t defend a particular theory of institutions. Instead, I did as Yogi Bera suggested and simply took the fork in the road. A well-developed account of institutions is given by John Searle in ; and. His account bases all social reality on language, and (...) I use his account to provide a logic for institutional norms. Briefly, social reality is constructed via language by making our intentions clear to one another. And we do this via speech acts. There is one particular type of speech act that is important to institutions: declarations. Declarations bring about new social objects and create social states of affairs. It is via declarations that social institutions are created. In so far as groups recognize an institution sustaining/making authority, that authority has the ability to generate new institutional rules via declarations. According to Vanderveken ; see also Searle and Vanderveken, speech acts have a logic. That is, performing one speech act can satisfy the conditions of having performed another speech act. A priest declaring a baby baptized will also make it so that the priest has asserted that the baby is baptized, for instance. More importantly, certain declarations will result in the declarations of some of the logical consequences of the initial declarations. I characterize the set of speech acts that stand in that relationship and develop a logical system around that characterization. The formal framework incorporates action and permits representations of complex institution-dependent relations, e.g., rights and duties. I further develop this formalism to investigate the notion of normative consistency. I show how to represent at least a minimal conception of normative inconsistency within the formal framework, and characterize its properties. I conclude by comparing my work to that of others. (shrink)

In order to fully understand the ethical, cultural, and political debate that moves around the papillomavirus vaccine, a bit of attention has to be paid to its history.In 2006 the first advertisements for Gardasil, the commercial name of the vaccine, started to appear in the United States. Merck pharmaceutical was the main dealer. Their “One Less” campaign was characterized by adolescent girls staring into the camera and saying, “I’m one less,” declaring their intention to be vaccinated against the human papillomavirus, (...) and to be one less victim of cervical cancer; all it would take was three injections over six months. A few months after the appearance of the advertisement, the HPV matter took another turn when Texas Governor Rick Perry decided to issue an executive order mandating vaccination of all sixth-grade girls in the state. Texas, a state with a conservative political culture and well-organized anti-vaccination movement, bypassed the legislature, overturned Perry’s order .. (shrink)

Is the welfare state neutral to personal morality?1 In today's welfare states one can find numerous life-styles existing side by side. These indicate a wide scope for 'personal moralities'2, but do not prove that the welfare state is 'neutral' to them. Welfare states interfere in more or less onerous ways with the business of (private) life with police checks, administrative controls and a vast arsenal of regulatory, penal and/or fiscal regimes. Some of the regulations may be more or less reasonable (...) attempts to minimise the risk of one person inflicting irreparable damage on others or their property, but a great many are not. It is not too difficult to see the hand of special (economic, ideological, even sectarian) interests in the bulk of the rules and regulations on the books.3 The state's non-neutrality is often an unintended outcome, but not always. Officials introduce new regulations with proud declarations of their intention to enforce particular 'moral choices', to treat one thing as a 'merit good' and another as an evil. They also justify intrusive policies with blatantly paternalistic arguments—remember their promise, or was it threat, to take care of us "from the cradle to the grave"—, with self-congratulatory references to an unspecified 'responsibility of the government'. There is no more direct negation of the role of private morality than the claim that one discharges one's own responsibility by depriving others of the opportunity to exercise theirs. As far as protection against onerous interference is concerned, the presumption of innocence—which is the linchpin of the rule of law—counts for very little. One delinquent person or business entity is often enough to let loose the regulatory juggernaut on everybody in the same group or category. In short, the question, whether the welfare state is neutral to personal morality, is largely rhetorical and academic. Behind the question there is the presupposition that the welfare state should be neutral to personal morality.. (shrink)

William James’ declared intention is to oppose Clifford’s claim that it “is wrong always, everywhere, and for every one, to believe anything upon insufficient evidence”. But I argue that he is confused about his doxastic prescriptions. He isn’t primarily concerned, as he thinks he is, with the legitimacy of belief in the absence of sufficient evidence. The most important contribution of his essay is a suggestion - a highly insightful and contentious one - as to what it is to believe (...) in accordance with the evidence. (shrink)

Excerpt from The Religion of the Future, or Outlines of Spiritual Philosophy 1. A new and glorious science of man, of his origin and destiny, has been developed within the last few decades. A new philosophy has been evolved of human life here and hereafter, based upon demonstrated facts and data accessible to all. Stupendous as the science of objective nature has become, it is as the mere shadow thrown upon the canvas of time and matter by the radiant light (...) of immortal spirit. Modern agnosticism had set up a way-mark on the road of human progression, inscribed: "No thoroughfare!" "Unknowable!" The truths most indispensable for man to know, the destiny of man and the immortality of the soul, were declared absolute mysteries. What ought to have merely been designated as unknown was declared to be unknowable. This way-mark has to be removed. It is now seen that the doctrine of the Relativity of Knowledge, as formulated by the Kantian school of modem philosophical thought, misled men into too hasty generalizations and unwarrantable conclusions. It needed only the right method to find the way out; it required only the right key to open wondrous realms to the astonished gaze. Again the supremacy of mind is restored; the saying is verified that "there is nothing on earth great but man, and in man there is nothing great but mind." About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 41.2 (2003) 269-270 [Access article in PDF] Steven Harvey, editor. The Medieval Hebrew Encyclopedias of Science and Philosophy: Proceedings of the Bar-Ilan University Conference. Dordrecht: Kluwer, 2000. Pp. xi + 547. Cloth, $239.00. This fine volume, covering the proceedings of a conference at Bar-Ilan University (January, 1998), is the first book devoted to the medieval Hebrew encyclopedias of science and philosophy. According to (...) the editor, the talks at the conference "were arranged to fit together like a jigsaw puzzle," and that intention is also reflected in the current volume: It is extremely well-organized, the earlier essays provide useful background for the later ones, and the various parts of the book complement each other quite well. Though they contain much that is highly technical, the editor has succeeded in making the essays comprehensible to the non-specialist, as was his declared intention. [End Page 269]The editor's introductory essay draws the book together and makes it a coherent whole. The most important part of that essay raises the conceptual problem underlying the entire book, namely: what defines a medieval encyclopedia? The contributors do not always agree on how to answer this question, nor should we expect such agreement. Some of their criteria are: an encyclopedia must treat a subject comprehensively; it must be well-enough organized to facilitate retrieval; it is meant to be consulted, not read cover-to-cover; it is usually an eclectic collection of previously extant material, not an original composition, and certainly not a major source for new ideas. Finally, an important goal of the encyclopedist is popular enlightenment.The book's first two sections deal with the predecessors of the medieval Hebrew encyclopedias, the medieval Latin and Arabic works. Only the latter had heavy influence on the structure and content of later Hebrew works. Nevertherless, the Islamic author who had the greatest influence by far on Jews during the age of the encyclopedias under discussion, namely Averroes, is judged by Butterworth (as well as by Biesterfeldt) not to be an encyclopedist at all. The basis for this judgment is that Averroes had no interest whatsoever in popular enlightenment; his books are not introductory, and nowhere does he address himself to anyone but the expert.Nevertheless, when it comes to Averroes, it would be prudent to honor the editor's admonition that we not be too demanding with our criteria for what constitutes a medieval encyclopedia. Perhaps the corpus of Averroes's works does not make him an encyclopedist, as the essays contend. But we should not lose sight of how his works were actually used by later Hebrew writers: their Hebrew translations were copied and paraphrased extensively as state-of-the-art presentations of science on nearly every important topic. In other words, even if Averroes himself did not have the intentions of an encyclopedist for his works, later authors mined them for informative essays as if they were encyclopedias.Part 3 deals with Early Hebrew Encyclopedias. Despite the volume's otherwise outstanding organization, Woolf's fine article on Maimonides' Mishneh Torah seems out of place here, since it is by no means an encyclopedia of science and philosophy.Part 4 deals with the structure and organization of the three thirteenth-century encyclopedias that are the focus of the volume: Judah ben Solomon ha-Cohen's Midrash ha-Hokhmah; Shem-Tov ibn Falaquera's De'ot ha-Filosofim; and Gershom ben Solomon's Sha'ar ha-Shamayim. The descriptive essays are extremely useful for getting a balanced picture of these books, but perhaps of even greater value are the content outlines, which include pagination from the manuscripts to make them easier to consult.The most fascinating section of the book by far, and the most likely to become a productive model for future research, is part 5, which analyzes specific topics within the encyclopedias. These essays trace scientific problems from Aristotle to the medieval Aristotelians, especially Averroes, and then examine how they are dealt with in the Hebrew... (shrink)

The concept of divine agency is central to the narrative traditions inherited by Jews, Christians, and Muslims. The scriptures of the Abrahamic religions include repeated references to the intentional actions and intentional outcomes of the actions of God. For instance, in the “Song of Moses” (Exodus 15:1-18), Moses celebrates the freedom of the Hebrews from bondage, declaring that Yahweh is “awesome in splendor, doing wonders” (5:11 NRSV). Alongside the picture of God as an agent who performs actions is a conception (...) of God that developed over the centuries as a simple, immutable, impassable, timelessly eternal being. To many philosophers and theologians, this conception of God as a being who exists in a durationless eternity is inconsistent with the way God is characterized in the scriptures, viz., as an agent who acts in time, often in direct response to the actions of other agents. In this paper, I will assume that if the God of Judeo-Christian-Islamic theism exists, then God is an agent who has performed intentional actions. I will argue that if God is such an agent, then God cannot exist outside of time.1 This is because of how.. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Politics of Practical Reason: Why Theological Ethics Must Change Your Life by Mark RyanDavid ElliotThe Politics of Practical Reason: Why Theological Ethics Must Change Your Life Mark Ryan eugene, or: cascade books, 2011. 229 pp. $20.80If the spirited debate between Stanley Hauerwas and Jeffrey Stout remains front-page news in theological ethics, then Mark Ryan’s subtle and penetrating The Politics of Practical Reason will help keep it there. (...) Ryan argues that practical reason is the hinge of ethical thinking and that it is “political” in the sense of shaping the community or polis. Given this hinge, the pressing question is of course, “Whose practical reason?” To answer this, Ryan probes major contemporary ethicists from Charles Taylor to Alasdair MacIntyre, but the book always circles back to Hauerwas and Stout. Their debate is ultimately decided by proxy, through a mediating philosopher whose work on practical reason Ryan sees both as the gold standard and as the indispensable background for understanding Hauerwas. Expecting this to be MacIntyre, the reader may be surprised—and perhaps even convinced—that the philosopher who best explains and possibly vindicates Hauerwas is in fact Elizabeth Anscombe, Ludwig Wittgenstein’s protégé, close friend, and translator.The book opens with Anscombe’s Intention (1957), which Donald Davidson called “the most important treatment of action since Aristotle.” In it, Anscombe argued that intention presupposes desire and is declared in public language within a context of social practices presupposed for agency to be intelligible. The implication is that we form intentions as members of a community with a particular form of life sustained by social practices. With human desire as its motivating nisus, Ryan insists that intention “is part of the very form of practical reasoning, then, to be political” (144).Having retrieved Anscombe’s model of practical reason, Ryan examines the field of contemporary ethics to see who measures up. Charles Taylor fails to place agents in a particular community, locating us instead in that bloated abstraction called “modernity.” Ryan therefore concludes that Taylor’s is an “ethics for anybody,” which leaves the self finally disembodied (94–98). Stout fares little better due to his refrain that Hauerwas went astray when he abandoned justice talk. Ryan counters that Stout’s sort of justice should be abandoned; lacking a substantive vision of the good and a teleology of freedom, Stout’s justice is reckoned a blind guide who cannot see or say why the polis should pursue one end and not another. Hauerwas, on the other hand, specifies a particular polis within which practical reason can intelligibly function: the church. It has [End Page 218] a substantive vision of the good (i.e., the peaceable kingdom) located in a scriptural narrative displayed by social practices requiring formation in the virtues (119–21). Ryan therefore endorses Hauerwas’s politics of practical reason, indebted to MacIntyre and made possible by Anscombe.I see one lacuna in this otherwise excellent book. Ryan seemingly advocates a pragmatic model of practical reason that is wholly internal to the polis rather than grounded in “truths of human nature as such” (101). This makes Anscombe an uneasy ally. Her “Modern Moral Philosophy” famously proposed a retrieval of virtue that required an overhauled “account of human nature … and above all of human flourishing” (41). This move opened the door for ethical naturalism, perhaps even natural law—both of which Anscombe and the later MacIntyre endorse. But these look suspiciously like what Ryan calls an “ethics for anybody.” So in the end are Anscombe and MacIntyre turncoats, or do Hauerwas and Ryan not follow them far enough? This crucial question remains unanswered.Despite this wrinkle, Ryan’s book is the best intervention in the Hauerwas–Stout debate that we now have. It throws light on Hauerwas, challenges Stout, shows why Anscombe matters, and gives practical reason its generous due. Philosophically deft and charitable in tone, it deserves to be read and studied as a major contribution to the field.David ElliotUniversity of Notre DameCopyright © 2015 Society of Christian Ethics... (shrink)

In 1979, the Council of the European Communities declared its intention to ban battery cages for laying hens; one year later, everything about the ban is forgotten. During this preparatory year (1979-1980), all that happened is the publication of scientific reports, that is, attempts at producing knowledge as a basis for and justification of the ban decision. This paper aims at understanding to what extent ignorance and doubt were produced instead. By examining the reports, I demonstrate that there are three (...) interrelated levels of ignorance production: (1) the missions given by the Commission to scientists were ambiguous, (2) questions inherent to animal welfare sciences, such as the significant variability of their measures and results, lead to a systematic standardization, and (3) the battery cage works as a techno-scientific promise and an “obligatory passage point” where scientists and industry meet. Disciplinary identity issues therefore lead scientists to adopt a double standard about the welfare of laying hens. (shrink)

Ovid's great poem has held its place in the European artistic and literary tradition primarily as a collection of superbly told individual stories, in which successive generations have found inspiration and pleasure. But the poet himself clearly thought of it as something more than a series of detached narratives. In fact he describes it as perpetuum carmen. The object of the present essay is to inquire into the nature of this perpetuitas and to suggest some of the implications that it (...) has both for the poem as a whole and for the appreciation of its individual parts. The phrase perpetuum carmen has interesting ideological connotations. The mutilated first fragment of Callimachus’ Aitia clearly formed a poetic manifesto. The author proclaims his antipathy to the fashion of writing ν єισµα διηνєκές in which the deeds of kings and heroes were extolled ν πολλαις , he declares, , so he rejects , οιδήν in favour of the delicate cicada's which is heard at its best in and other poetic genres that are . Three separate but related targets are singled out for attack: long continuous poems, epic subjects, and the grand style. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Theological Empiricism: Aspects ofJohann Georg Hamann's Reception of Hume Hans Graubner The philosophical Enlightenment in Germany executed in none of its phases as clean a break with the theological tradition as the English and especially the French. To its very end it pleaded for a theology of Creation, however thin this plea had become, that is, for an adherence to the first article of the Creed. On the other (...) hand, a philosophical adherence to the second article, that is, to christology, had no chance left owing to the rationalist Bible criticism of the 17th and 18th centuries and was not considered a serious philosophical position in the controversy between natural religion and revealed religion. Its mere link-up with historic facts that were considered epistemologically inferior made it unthinkable in the eyes of the dominating rationalists. In 18th century Königsberg this controversy determined the life-long argument between Hamann and Kant. Hamann attacks Kant and the German philosophy ofthe Enlightenmentfrom the position ofrevealed religion. In doing so, he refers to David Hume from the very beginning. In Hume's thoughts Hamann saw a chance of regaining a serious position for the Christian religion, that is, of its christology, in philosophical discussion. Thisveryaim ofHamann's shows thathe proceeds fromcompletely different philosophical interests than does Hume. But there are certain basic attitudes that make it understandable why Hamann refers to Hume, even declares him to be his philosopher. These attitudes, which they have in common, maybe called criticism ofreason, epistemological empiricism, and subjectivism. In spite of these attitudes, which they share, the difference between their ways ofthinkingleads to Hamann's practise of not adopting any of Hume's ideas unchanged. Instead of speaking ofreception it would be better to speak ofa transformation of Hume's thoughts into the totally different world of Hamann's ideas. The latter is determined by at least three basic motives: Firstly, by the sharp criticism of an over-estimation of reason in philosophy. This criticism is directed both against the rationalism of the recognized German philosophy as well as against Hume's scepticism and Kant's transcendental philosophy. Secondly,- by his personally being affected by Christianity, which renders itimpossible for him to separate the personal from the theoretiVolume XV Number 2 377 HANS GRAUBNER cal, and philosophy from the way a philosopher sees himself and from his own historical background. Thirdly, by a concentration of all philosophical energy on language as the fundamental empirical and historical fact, which, for Hamann, becomes the centre of his theological, ontological and anthropological reflection. It is my intention to show how Hamann unfolds his basic motives by following certain ideas of Hume's, for example, the idea of geometry, that of belief and that of image. In the end I shall summarize Hamann's criticism of scepticism and point out the significance ofanthropomorphism in Hume's and Hamann's understanding ofreligion. Referring to the understanding of Hamann's Hume-reception so far, I want to emphasize three results: 1.Hamann's Hume-reception is due, above all, to his repeated study ofthe Treatise, which musthave begun earlier than was assumed before. 2.Hamann's reference to Hume is not restricted to the discussion of the concept of belief, but is far more extensive. 3.Neither is Hamann's Hume-reception a total "misunderstanding "1 of Hume nor is his passing-on of Hume's ideas to the German romanticism "a strange paradox"; rather it is a conscious transformation ofempiricism into a theology oflanguage, which has had an effect even on romantic and idealistic secularization. Now I shall come to my first point. I. Geometry After having finished his studies in Königsberg and before his conversion experience at London in 1758 that was to determine his whole life, Hamann, from 1752 to 1756, became a private tutor for two aristocratic families in Courland. During this time he definitely read the German translations ofHume's "Political Essays" and ofhis Enquiry Concerning Human Understanding. That Hamann, who had a good command of the English language, knew even the Treatise at this time, can, according to my hypothesis, be gathered from his use of Hume's conception ofgeometry in an unpublished philosophic... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Tale of Two ConferencesProfessional Discourse, Music Education, and JusticeEric ShiehThis is an exploration of misunderstandings. Beginning with my own.It is 3:15pm at the Pearson International Airport, Toronto. I am leaving the musica ficta/Lived Realities conference on "Engagements and Exclusions in Music, Education, and the Arts" held at the University of Toronto, January 2008, and this is what I write: "I am thinking about what I am going to (...) take from this conference and I think ultimately it may be a profound sense of disappointment. I do not feel anymore that I am part of a larger community that will support me, or that there is a web of people engaged in justice-oriented practice …."Explicitly addressing issues of equity and social justice in music education, the conference shared similar themes and a similar participant base with a conference held at Teachers College, New York City, in October 2006, titled the "International Conference on Music Education, Equity, and Social Justice," the first of its kind. Yet where I left the Toronto conference with a sense of disappointment, I found myself writing after the New York conference: "Don't forget—the [End Page 203] feeling of urgency … of wanting to engage again in philosophy, and wanting to read again and renew faith with the project of change."The difference that provoked these polar reactions, I contend here, is in part a difference in the research presented at the two conferences—a differing orientation toward issues of social justice as well as toward the music education profession itself. I also argue, however, that the researchers share more similarities than the discourses surrounding the conferences allow and in part the differences perceived are a by-product of professional structures that serve to polarize discourse—structures that are foregrounded in these two conferences. My intent here, then, is not to valorize the NYC conference or disparage the Toronto conference based on my reactions but to read these reactions as problematic, where euphoria can be reactionary and resistance productive, with the understanding that they are heavily limited by my identification as a young, unestablished music practitioner. I begin first by unpacking those reactions through a reading of the differences between the two conferences. Ultimately, I seek the implications of these differences and similarities for research and practice at the intersection of social justice and music education, and argue that my initial reactions are symptomatic of a wider and potentially harmful approach to this work.Justice, Positively and Negatively ConceivedI wish to begin explicating the differences between the two conferences at an oddly revealing detail: the inscriptions featured on the covers of the respective conference booklets and, in the case of the Toronto conference, replicated on the website and call for papers. The NYC conference features a lengthy and hopeful quote by Maxine Greene, worth reproducing in full: "Because it is only through the projection of a better social order that we can perceive the gaps in what exists and try to transform and repair…. This can happen in classrooms, in corridors, in schoolyards, in the streets around."1 Contrast this with the authorless four-word mantra of the Toronto Conference: "Charity is Not Justice," represented as a photograph of graffiti on what looks to be a construction site. The difference is stark: the Greene quote indicates that the NYC conference might seek to project a better social order from which action might arise. The Toronto conference, on the other hand, forcefully declares the project of justice in the negative: it is not charity.It is worth taking a moment to put these two inscriptions in dialogue. There is a way, certainly, that Greene in this quote allows for—and perhaps encourages—charitable work. If a person, for example, believes that a better world includes feeding the homeless, he or she might be moved to open a soup kitchen. Insofar as this is an act of charity (and most people would agree that it is), the mantra of the Toronto conference rejects it outright. Furthermore, the use of a [End Page 204] photograph of presumably authentic graffiti lays claim to a kind of streetwise, oppressed authority that throws a... (shrink)

The subject of the study is one of the main lines in the work of choreographer John Neumeier - the interpretation of literary works on the ballet stage. This article discusses his productions based on literature such as "The Lady with Camellias" (1978), "Peer Gynt" (1989/2015), "The Seagull" (2002), "Death in Venice" (2003), "Anna Karenina" (2017), "The Glass Menagerie" (2019). Neumeier's ballets reveal a special relationship between literature and choreography. The performances created by him are not just a fact of (...) illustrating the plot of the original source, but an attempt to penetrate into the essence of the author's idea, reflect and emphasize the details found in the text in the language of choreography. The novelty of the research lies in the fact that when analyzing several key performances from the choreographer's creative biography, the prospect of considering the literary line of his ballets as a separate phenomenon opened up. As a result of the study, the following conclusions were made. Firstly, an important feature of Neumeier's ballets, based on literary works, is a clearly structured dramaturgy of all components of the performance: action, music, choreography, set design. Secondly, when working with a literary source, most often the choreographer transfers the action to the modern world, while not going against the author's intention, but on the contrary, enhances the relevance of the themes embedded in the works, declaring the timeless existence of the meanings of the text. Thirdly, the interrelation of literature and choreography in Neumeier's work takes the choreographer's work with the text to an absolutely new level, which allows us to talk about the great possibilities of non-verbal interpretation in the ballet theater as a whole. (shrink)

How can the law be characterized in a theory of collective intentionality that treats collective intentionality as essentially layered and tries to understand these layers in terms of the structure and the format of the representations involved? And can such a theory of collective intentionality open up new perspectives on the law and shed new light on traditional questions of legal philosophy? As a philosopher of collective intentionality who is new to legal philosophy, I want to begin exploring these questions (...) in this paper. I will try to characterize the law in terms of the layered account of collective intentionality that I have introduced in some earlier writings (Schmitz 2013; 2018). In the light of this account I will then discuss a traditional question in the philosophy of law: the relation between law and morality. I begin by giving a brief sketch of the layered account in the next section. Collective intentionality should be understood in terms of experiencing and representing others as co-subjects, rather than as objects, of intentional states and acts on different layers or levels. I distinguish the nonconceptual layer of the joint sensory-motor-emotional intentionality of joint attention and joint bodily action, the conceptual level of shared we-mode beliefs, intentions, obligations, values, and so on, and the institutional level characterized through role differentiation, positions taken in role-mode, e.g. as a judge or attorney, and writing and other forms of documentation. In the third section I introduce a set of parameters for representations such as their degree of richness, of context-dependence, of density and differentiation of representational role and of durability and stability, which can be used to more precisely distinguish different layers. I also put forward the hypothesis that these properties are connected and tend to cluster, and that higher levels can only function and determine conditions of satisfaction against lower level ones. In the fourth and final section I critically discuss the sharp positivistic separation of morality and the law according to which whether something is a law is completely independent of its moral merits. I argue that this only seems plausible if we take an observational stance towards the law, but not towards morality. When we treat them the same way, it rather appears that the moral attitudes of the co-subjects of a society will determine whether and to what extent they will accept its legal order. I conclude by proposing to think of the law as being itself an institutionalized form of morality. (shrink)

The schism referred to in 1 John 2:18 had already taken place within the Johannine community, with specific reference to the divisions between members, about the identity of Jesus Christ. The author nonetheless uses different semantically related verbs for communicating the ‘message’ (1:5; 3:11) about Jesus’ identity, each one with a particular nuance: through ‘speech, declaring’ [ἀπαγγέλλειν, 1:2, 3]; ‘proclaiming’ [ἀναγγέλλειν, 1:5]; ‘confessing’ [ὁμολογεῖν, 1:9; 2:23, 4:2, 3, 15]; ‘testifying’ [μαρτυρεῖν, 1:2; 4:14; 5:6–11] and through ‘writing’ [γράφειν, 1:4; 2:1, 7, (...) 8, 12, 13 (2x), 14 (3x), 21, 26; 5:13]. In the last chapter of 1 John (1 Jn 5:5–12), the author’s testimony (in writing) that there is eternal life in Jesus Christ who is the Son of God culminates when he incorporates the fundamental testimonies of the Father, the Spirit and the water and blood to endorse this. The intention of this research is to determine conceivable spiritual experiences fostered among those early Christians when this message about Jesus as the Son of God, the Christ, was communicated to them through these activities (declaring, proclaiming, confessing, testifying) and confirmed via the testimonies of the Father, the Spirit and the water and blood. (shrink)

This paper draws attention to the significance of incorporating decolonial methodologies in analyzing political discourse in a postcolonial world, particularly in Africa. The decolonial approach to political discourse focuses on the ways politics in postcolonial context is imbricated in the logic of coloniality. Decolonial approach is considered necessary rather than sufficient in interrogating the hegemonic structure of colonialism in Africa's political discourse. The paper uses critical discourse analysis situated within decolonial methodologies to analyze former President of Nigeria, Goodluck Jonathan's (...) class='Hi'>declaration-of-intent speech to seek re-election. The paper specifically draws on [Mignolo, W. (2011). The darker side of western modernity: Global futures decolonial options. Duke University Press.] and [Macgilchrist, F. (2014). Media discourse and de/coloniality: A post-foundational approach. In C. Hart & P. Cap (Eds.), Contemporary critical discourse studies (pp. 385–405). Bloomsbury Publishing] decolonial frameworks and [Chilton, P. (2004). Analysing political discourse. Routledge] legitimization model. Situating decolonial approaches together with Chilton's legitimization model is, on the one hand, a way of interrogating hegemonic structures in Goodluck Jonathan's speech and on the other hand works to show the limitation of Chilton's theory in analyzing discourses from Africa. This limitation of Chilton's model underscores the need to bring decolonial approaches in constructing a nuanced understanding of Africa and its epistemic diversity because it is impossible to think of overcoming the coloniality of power without approaching it from the perspective of the colonized. (shrink)

Declarations of the importance of dignity in health care are commonplace in codes of practice and other mission statements, yet these documents never clarify dignity’s meaning. Their vague aspirations are compared to comments from staff and patients about opportunities for and barriers against the promotion of dignity in elderly care institutions. These suggest that while nurses and health care assistants have an intuitive understanding of dignity, they either do not or cannot always bring it about in practice. Thus, despite stated (...) intentions to promote dignity, it appears that the circumstances of at least some elderly care institutions cause patients to experience avoidable indignities. Such institutions are “undignifying institutions” because they fail to acknowledge dignity’s basic components, focus excessively on quantifiable priorities, and have insufficient resources available to assure consistently dignifying care. As a partial solution, we argue that health workers should be taught to understand and specify the components of dignity, which will better prepare them to challenge undignifying practices and to recognise opportunities for dignity promotion. (shrink)

On the hermeneutic. Palmer declares it unnecessary to recover Parmenides’ original authorial intentions in performing his poem ). It is “simply a mistake—one might term it the ‘essentialist fallacy’—to privilege Parmenides’ intended meaning as the determining factor in his subsequent influence”. Here the claim is not the one that authorial intention is irrecoverable, but the quite different claim that it is an “error vitiating most appraisals of this influence [of Parmenides on Plato to make] the assumption that one can base (...) an appraisal upon an interpretation of Parmenides developed independently of the actual Platonic reception”. And it is thus Palmer’s claim that most previous studies of what I above termed ‘the Plato-Parmenides connection’ have tacitly assumed that we can guess at how Plato received Parmenides by starting with our own interpretations of Parmenides. Stated in this way, the hermeneutic is original and quite acceptable, indeed necessary. But if exaggerated into the intention, say, to comment only on those parts of Parmenides used by Plato utterly without any attempt to read them as they might have carried meaning for Parmenides himself, such a hermeneutic would rule out even Palmer’s own procedure. For example, Palmer reads the second ‘deduction’ of the second half of the Parmenides as corresponding to what the historical Parmenides himself meant in sentences like “Both Parmenides himself and Plato’s Parmenides then draw the conclusion that Being/the One is equal to itself”. One must therefore proceed with care, as Palmer does in the sentence I have just quoted. Palmer cannot mean that the meaning of Parmenidean words or the use or construction of Parmenidean sentences is “largely irrelevant” to a study of how Plato ‘receives’ Parmenides. (shrink)

I was more excited by Jacques Ranciere’s idea about aesthetics being, in his opinion, a special way of thinking (mode de pensee) that works of art provoke and that tends to show what they are like as art objects. Aesthetics then (following this intention) would not be viewed as a discipline akin to art theory that wouldexamine the structure of the work of art, its peculiarities, conditions of arising, et cetera, all that attests either to its objectivity or subjectivity. Ranciere (...) underscores the special (in the style of Hegel and Romanticist philosophy) regime of thinking about art where the idea is not yet an idea, but is what is not yet being thought. In spite of the fact that Ranciere’s declarations refer to S. Freud’s theory of the unconscious that, in his opinion, is closely linked with the way of artistic thinking and possibly can be expressed in no other way but through the medium of artistic thinking. The same way refers to the basic concepts of Freud’s psychoanalysis including also the unconscious and the ideas on complexes, especially on the Oedipus complex. It is interesting that Ranciere compares the framework ofthe dramatic nature of Oedipus’ fate with the basic fluctuations of aesthetics and art and namely – just like Oedipus is also the one who experiences everything absolutely and is completely expressed in action so the character of aesthetics and art is hidden in the contradictions between activities and sufferings or action and passions. This theme just like the question of the extreme poles of understanding aesthetics – pleasure and pain is comparable with the question of the determination of aesthetics and also art that grasps human experience in figural bodily shapes because that is the way of discerning the thought that is not yet being thought, but is hidden in bodily or animated figures. This tradition or historical regime, I think, is not to be discovered as a rectilinear trajectory; it manifests itself in a contradictory and sporadic way, frequently as an interlude between crucial conclusions and an essential interest pointing towards the ambivalence of art that referring to the words of the early modernist poet Charles Baudelaire: “I am the wound and the knife” would mark these relationships between action and its effect that could also attest to the painful birth of the thought in the not thought yet or else the negative character of aistheton. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Business Managers in Ancient Rome: A Social and Economic Study of Institores, 200 B.C.–A.D. 250Nicholas K. RauhJean-Jacques Aubert. Business Managers in Ancient Rome: A Social and Economic Study of Institores, 200 B.C.–A.D. 250. Leiden, New York, and Köln: E. J. Brill, 1994. xvi + 520 pp. Cloth, Gld. 220, $125.75 (US). (Columbia Studies in the Classical Tradition, Volume XXI.)Aubert’s declared purpose in this study is to examine the (...) world of Roman business managers (institores)—their social background and status, their role as managers within business enterprises, and their ensuing relations with workers, entrepreneurs, suppliers, and customers. He pursues these themes through five chapters. Chapter 1, “Business Agents and Business Managers,” explores developments in the use and meaning of the term institor through the legal, literary, papyrological, and epigraphical source materials of Republican and Imperial Rome. Chapter 2, “Indirect Agency in Roman Law,” examines the evolution of the Roman laws of indirect agency (particularly the actiones adiecticiae qualitatis) from their inception through the classical jurists to show how Roman law was adjusted to accommodate the needs of the business community. Chapter 3, “Managers of Agricultural Estates,” traces the roots of the Roman system of indirect agency to the management of agricultural estates and to the exploitation of natural resources such as clay, quarries, and manufacturing activities on the Roman farmstead. Chapter 4, “Production and Distribution of Clay Artifacts,” examines the manager’s role in the organization of various types of workshops producing clay artifacts—bricks and tiles, amphoras, terra sigillata, and terracotta lamps—and the subsequent marketing of this production. Chapter 5, “Direct Management and Public Administration: Four Case Studies,” investigates how the vilicus-based system of management became adapted to four areas of [End Page 501] the economy and administration of the Roman empire—imperial tax collection (vectigalia), recreational facilities (including baths, libraries, theaters, amphitheaters, and circuses), the imperial communications system (roads, post, and transport services), and the imperial mint. This cursory outline of A.’s intentions serves to demonstrate the breadth and importance of the task he assumes. In my opinion he handles this with a tremendous degree of authority and even-handedness.A.’s overarching theses are 1) that indirect agency emerged through the increasing absentee management of Roman farm operations and the delegation of Roman estate management to the agent known as the vilicus, 2) that regardless of the type of industry, most managerial operations exploited the practical efficiency and accountability of this vilicus-based system, and 3) that overall developments in Roman business management progressed from a more restrictive reliance on agents directly subservient to the entrepreneur (generally young slaves or family members under the direct potestas of the proprietor) to a more liberal reliance on managers enjoying looser personal connections—freedmen, servi alieni, and freeborn nonrelatives whose services were ensured by the terms of consensual contracts. One of the main points of the first chapter, for example, is the limited quantity of information there is available for institores and the generally derogatory tone it bears. We learn later on that institores were, in fact, relatively few in number and ill-liked precisely because they were so independent (175), and that far more business managers are recorded as vilici precisely because entrepreneurs could more firmly control them.A. argues that due to its extreme formalism rooted in the archaic period, Roman law lacked the concept of direct agency, and that the praetor responded to the needs of businesspeople by creating a legal system based on existing structures of Roman society (slavery and family) with advantages similar to those direct agency could otherwise have offered. With respect to the vilicus-based managerial system this was achieved through the legal fiction of the peculium, “the juristic existence of fictitious assets pertaining de facto to the dependent, but belonging de iure to the principal” (65). Terms of employment and guarantees of liability were inherently trickier for nondependent business agents and evolved during the second and first centuries b.c. through increased reliance on formulary procedure, and particularly through the development of consensual agreements. In this regard A. stresses the importance of the emergence of the... (shrink)

The article highlights one of the possible explanations for the culture of imitation and the tendency toward lowering standards in the academic environment. It deals with the concept of caconomics, which was elaborated by Italian researchers Diego Gambetta and Gloria Origgi. Based on rational choice theory, they elaborate a model of a situation when participants prefer low-quality standards while declaring high-quality ones. This model allows to identify the structural factors behind unscrupulous academic practices. It shows that dishonesty and imitation may (...) be not so much the result of the bad intentions of individuals, but rather a distorted norm that relies on a certain rational calculation within the framework of a vicious system. The concept of kakonomics turns out to be interesting and fruitful when considering the failures of reforms in Ukrainian science and education. In particular, the manifestation of the kakonomics mechanisms is demonstrated with the survey of publications of Ukrainian PhD and doctoral students in foreign journals. The requirement to have publications in such journals is intended to increase international visibility of Ukrainian researcher`s works. However, it turned out that most of the PhD and doctoral students (who submitted their dissertations in 2018-2022) had publications in low-quality or predatory journals. These data can serve as empirical evidence of the failure of reforms carried out through directive requirements imposed in a bureaucratic manner. Data also show that efforts to increase standards without taking into account the extent to which the academic environment is able to meet that new demands will encourage imitation. As a result, such situation leads to the system of anti-meritocratic selection, and researchers who truly adhere to high standards are disadvantaged compared to imitators. (shrink)

Despite the hadiths and narratives that warn about the interpretation of the Qur’ān by opinion, the question of how Qur’ānic verses can be understood is about the nature of Qur’ānic exegesis. These narratives, which limit the interpretation to the exact field and indicate the invalidity of the specification of the intention with the imprecise information, bring with it the question of how to understand the Qur’ān in each period and society. The issue that has been questioned in the frame of (...) the commentary from the earliest periods is based on the possibility of commenting besides the narration and defining the area that the thought belongs to the commentator. In this context, it is seen that the distinction between the conceptualization of tafsīr-taʾwīl words in classical commentary literature deals with the subject of the tafsīr, their belongings, epistemological values and contexts. Mainly, this study will question whether authors who do not distinguish between tafsīr-taʾwīl categorize the information about commentary in a different context, then it will analyze two basic approaches on tafsīr and taʾwīl. In the paper, it will be suggested that these classifications in the classical literature should be evaluated together within the framework of the search for methodology in exegesis. Summary: The Prophet, who was the first glossator of the Qur’ān, forbade people to talk about the Qur’ān with their own judgments. The prominent people of the companions refused to comment on some words that were closed in meaning (garīb). The words quoted from Abū Bakr and ʿUmar on this subject are quite famous. However, the Qur’ān is a universal book revealed to be understood in all ages and geographies till the doomsday. The fact that all the verses were not interpreted by the Prophet, and the expansions of meaning observed in the Qur’ān wording necessitate the interpretation of the Qur’ān. The fact that the Prophet forbade people to talk with their own judgments about the Qur’ān and the necessity of understanding the Qur’ān in every era constitutes a dilemma that must be explained. The resolution of this issue will both determine the legitimacy of tafsīr (interpretation) and reveal the difference between the Prophet's tafsīr and the tafsīrs by other people. In this context, a distinction was made between the interpretations of the Prophet and of the companions who witnessed the revelation period from the Tabarī (d. 310/923) in the classical tafsīr literature and the interpretations by glossators in terms of their bindingness and information values. Thus, before even starting the interpretation, glossators questioned the possibility of interpretation of the Qur’ān without the tafsīr of the Prophet and the narratives from the companions that have the force of hadith marfūʿ.It is seen in classical tafsīr literature that distinctions between the tafsīr of the Prophet and the interpretations of the glossator are usually constructed on the terms of tafsīr and ta'wil, to which terminological meanings are attributed. In this regard, the methodology of Māturīdī (d. 333/944) is quite specific and clear. According to Māturīdī, tafsīr is an exact field. Only the tafsīr of the Prophet and the narratives of the companions that have the force of marfūʿ can be included in this field. Taʾwīl, on the other hand, is an area based on supposing. Preferences to be made from possible meanings are supposition and related to taʾwīl. The fact that Māturīdī included the explanations of the Prophet and his companions in the tafsīr field and stated that they expressed exact information shows that he regarded this information in the value of the statement of mutakallim. The data included in the field of taʾwīl are not as the data included in the field of tafsīr in terms of their bindingness and information value. The interpretations made in the field of taʾwīl include supposition; so they cannot be attributed to the desire of God. The field that the Prophet forbade people from declaring their own views is the field of tafsīr in the methodology of Māturīdī. The exactness of this field is an indication that the tafsīr is related to God's desire. It is not right to declare an opinion with supposition in the field that is exact and definite. Even though the interpretation in the field of tafsīr is in accordance with the truth, this cannot eliminate the responsibility of the interpreter that make determinations based on supposition in the exact and definite field. Some scholars, such as Qushayrī (d. 465/1072), also classify the narrative-sagacity areas by means of tafsīr-taʾwīl concepts. This classification deals with the data that is the subject of tafsīr in terms of their belongingness. Indeed, tafsīr science includes both the data that are linked with transmission and non-transmittable elements that can be achieved by following a methodology. Non-transmittable elements included in the taʾwīl field by those who make a distinction between tafsīr and taʾwīl based on narrative-sagacity are the meanings reached through linguistic efforts. Language is an element that holds possibilities in itself. Considering closeness of meaning, multi-meanings, metaphors and allusions in the wording, it can be thought that the meanings reached by linguistic methods include supposition. In the methodology of Māturīdī, the field of tafsīr is composed of the explanations of the Prophet and the narratives of the companions who witnessed the revelations while in the classifications of those who make a distinction between tafsīr and taʾwīl based on narrative-sagacity, tafsīr generally includes narratives. When the issue is handled within the framework of the desire of God and the statements of the mutakallim, it seems that the classification of Māturīdī is more punctual. However, it is understood that this approach does not give a satisfactory answer to the subsequent situations and bindingness of the mentioned data. In the classifications based on narrative-sagacity, the narratives in the field of tafsīr are taken as a whole without analyzing their health grades and their signification. However, some of these narrations are not authentic; so, in this respect it is a problematic issue that they are the subjects of the field of tafsīr. Besides, sometimes there can be different narrations about the tafsīr of verses from the companions. The evaluation these narratives in a field attributed to the desire of God may also pose a problem. The linguistic data that both Māturīdī and those who make a distinction between tafsīr and taʾwīl based on narrative-sagacity include in the field of taʾwīl does not appear to have a homogeneous structure -as is the case with the narratives-. Indeed, among this data, there are elements whose meanings are quite hard to determine as well as firm ones that possibly have only one meaning. It is controversial that these expressions, which have only one meaning and to the validity of whose meaning other evidence point out are included in the field of taʾwīl.The distinction between meaning and interpretation fields in tafsīr is very important in terms of tafsīr methodology. This field designation is in a way a description of nature of the science of tafsīr. Thus, in matters where the human intelligence remains insufficient with the tafsīr narratives from the Prophet, the bindingness of the narratives from the companions are clarified; furthermore, beyond the narrative, the validity and the information values of interpretations of the glossator are determined. In this regard, the tafsīr-taʾwīl distinctions made in the classical tafsīr literature provide us with a rich content and a multifaceted point of view. However, when addressed separately, these distinctions present a number of problems in terms of scope and applicability. Our study proposes the evaluation of tafsīr-taʾwīl distinctions in classical literature together while the meaning-interpretation fields are specified in the framework of the search for methodology in tafsīr. Thus, the incomplete aspects of the classification will be eliminated and a much more comprehensive and functional classification will be achieved. At this point, the methodologies of some figures as Tabarī, who is known to have used the terms of tafsīr and taʾwīl in the same meaning, must also be evaluated separately. Indeed, when the works of these names are analyzed, it is seen that these names also distinguish the meaning-interpretation fields in tafsīr, but they do not do this through the tafsīr-taʾwīl concepts. (shrink)

Key words: code of ethics; rejected patients; terrorism; terrorist victims; terrorists; values.