Judicial process is an integral part of legal systems. The process rests primarily on established principles of constitutional governance and responsibility. In the last ten years, the dynamism within judicial institutions and the judicial process has gained considerable attention. The dynamism is often viewed in light of the diversity of claims being addressed, the openness of courts to foreign material, and the use of non-legal studies and findings in court proceedings. How one views the (...) judicial process in the traditional sense, and in the light of the new experiences is an important question today. Also, what new theories explain this public sphere of activity? -/- In this regard, Dr. Pathak’s book "Judicial Process" is a noteworthy contribution. The book explores the complex nature of the judicial process, along with its wider constitutional, political, and social relevance. The book builds on an understanding that the judicial process, the courts, and the judges are central to constitutional governance. With that backdrop, it engages with four aspects of the judicial process, including (1) the nature of the judicial process, (2) the engagements and interactions within the judiciary, (3) the engagements and interactions between the courts and other institutions, and (4) the protection of rights and redressal of violations function performed by courts. -/- The book includes a detailed discussion on key concepts, practices, tests, and principles. The following chapters and discussions are particularly interesting. Chapter one involves a jurisprudential take on the subject while referring to the works of Blackstone, Holmes, and Cardozo. Particularly relevant in chapter one are Indian cases that have cited Cardozo while determining important judicial matters. Further, the chapter includes foreign case law which has been cited by the Indian courts to discuss the nature of the judicial process. Chapter three on Judicial Review discusses the scope of judicial review in India and its centralizing force in constitutional governance. The author carefully explores the expansion in a judicial capacity for review. The chapter highlights the dynamism attached to the practice of judicial review, moving from the review of constitutional amendments, to that of laws, administrative actions, and policy. Further, the chapter includes a discussion on the basic structure of the Indian Constitution. Chapter four on Law of Precedent includes a discussion on stare decisis, which the author refers to as a principle conferring legitimacy and stability to the judicial system. Recent scholarship on the nature of obiter dicta of higher courts and persuasive quality of foreign case law in domestic cases has been cited. Chapter five covers the Independence of the Judiciary debates in India. It discusses the issue of post-retirement appointments of judges and recusal from judicial matters. Chapter eight Judicial Activism traces the development of the concept from its early days to the present times. The chapter adopts the five core meanings offered by Keenan Kmiec to substantiate the old and the new avatars of judicial activism. The chapter discusses the role of social action litigation in India and its hand in defining the judiciary as a protector of rights and constitutional values. -/- The book provides sufficient guidance to study the nature of the judicial process. It also makes one curious about the changing nature of the judicial process and the new waves of constitutional ethics and governance. The following are some of the themes not attended to in the book. First, the judgments of the courts. The written judgments constitute an integral part of the judicial process. The judgments constitute public law reaching out to beneficiaries including litigants, people at large, as well as foreign institutions and courts. That being said, a discussion on judgements and the written or unwritten standards governing the same needs attention. Also included in this point is the role of dissenting judgments. How should one view or study dissent in judgments of constitutional significance? A normative framework to study the same is much needed. Second, the tools and indicators to measure judicial impact. The judicial impact can include (a) the impact of judicial decisions on the law, policy, and society (b) the impact of law/legislation on the judicial process, and (c) the impact of technological and scientific advancements on the judicial process. Tools like judicial impact assessment have been widely argued to be important to the working of the courts. Further, parameters to study compliance, policy integration, and the impact of judicial decisions on other state institutions have gained attention. (shrink)

The confirmation process and the virtues of duplicity -- How to be aggressive and passive ... and great -- Recusal and the vices of impartiality -- The use and misuse of the politics of personality -- Fortuna : the role of chance in choosing cases -- When and why to avoid a case -- Carpe diem : when to embrace a case -- Tactical tools : using procedure to one's advantage -- Oral arguments : what to say and how (...) -- When to lose a case and win a cause -- In defense of unprincipled decision making -- How to manipulate the rule of law -- When precedents are to be honored (if only formally) -- When to take command and make demands -- The boldest moves : when and how to make them -- On writing : when style should trump substance -- When it is wise to write a separate opinion -- Law clerks : when and how to use them -- How to play to the media -- Cameras in the courtroom : seizing the future -- On television : the medium is not the message -- On publishing books : when and of what kind -- The threat of impeachment and how best to avoid it -- When it is best to retire -- Directing history : a justice's working papers and what to do with them -- How to best secure an enduring legacy. (shrink)

Using agent‐based modelling, Harrington, Kleber, Reubold, Schiel & Stevens (2018) develop a unified model of sound change based on cognitive processing of human speech and theories of how social factors constrain the spread of change throughout a community. They conclude that many types of change result from how biases in the phonetic distribution of phonological categories are transmitted via accommodation processes between individuals in interaction.

Sociability is essential for modern robots to increase their acceptability in human environments. Traditional techniques use manually engineered utility functions inspired by observing pedestrian behaviors to achieve social navigation. However, social aspects of navigation are diverse, changing across different types of environments, societies, and population densities, making it unrealistic to use hand-crafted techniques in each domain. This paper presents a data-driven navigation architecture that uses state-of-the-art neural architectures, namely Conditional Neural Processes, to learn global and local controllers of (...) the mobile robot from observations. Additionally, we leverage a state-of-the-art, deep prediction mechanism to detect situations not similar to the trained ones, where reactive controllers step in to ensure safe navigation. Our results demonstrate that the proposed framework can successfully carry out navigation tasks regarding social norms in the data. Further, we showed that our system produces fewer personal-zone violations, causing less discomfort. (shrink)

In today's post-pandemic reality, human capital plays one of the leading roles in ensuring economic growth. The intensification of innovative processes in the context of post-pandemic social constructivism, the widespread use of information technology, intellectualization of labor, etc. In the context of post-pandemic social constructivism, transformations of the content and structure of human capital take place, make adjustments to the process of its formation, accumulation, use and change the nature of the impact of human capital on economic (...) development. In today's post-pandemic reality, there are many problems both in the field of the formation of innovatively oriented human capital and in the sphere of its use, which necessitates the search for ways to effectively manage these processes in order to ensure the balanced development of production factors in the context of the formation of an innovative economy in the country. The article analyzes the main methods and aspects of cognitive psychology that can be useful in the development of human capital. In particular, special attention was paid to the development of emotional intelligence and emotional competence. The reason for choosing precisely such elements of cognitive psychology as the level of emotional intelligence and emotional competence is that they are a prerequisite for successful self-realization of a person and, as a result, an important prerequisite for successful management of human capital in the conditions of post-pandemic social constructivism. (shrink)

The bifocal stance theory (BST) focuses on cultural evolution without alluding to associated processes in linguistic evolution and language use. The authors briefly comment on language acquisition but leave underexplored the applicability of BST to linguistic evolution, to changes of language representations, and to possible consequences for constructing social identity, based on, for example, collective resilience processes within language communities.

In India, judicial review is not a static phenomenon. It has ensured that the Constitution is the supreme law of the land, and in situations when a law impinges on the rights and the liberties of citizens, it can be pruned or made void. This is a collection of scholarly essays demonstrating the different facets of judicial review based on the vast area of comparative constitutional law. Importantly, it honours the body of work of Upendra Baxi, legal scholar (...) and author, whose contributions have shaped our understanding of legal jurisprudence and expanded the scope of social transformation in India. This volume recognizes his role as an Indian jurist. Various constitutional law experts come together to reflect on his expositions on the role of the apex court, judicial activism, accountability of judiciary, laws on surrogacy and adultery and so on. (shrink)

"In this paper I shall attempt to sketch a defense of the plain man's view that the job of the judge, qua judge is to apply the law." What seems to have lead to the other view is the pervasive role of policy and principle in the justification of judicial decisions. This is no argument, however, for the existence of discretion: "For while it must be admitted that judges are entitled to appeal to certain general policies and principles, this (...) by no means implies that they are entitled to exercise discretionary judgment in the formulation of such standards." With Dworkin, distinguishes weak and strong discretion: the former means merely final or controversial; the latter implying that judges are at some point free to reach decisions not controlled by authoritative standards. Agrees with Dworkin that non-rule standards are part of law. "Both Dworkin and I are in agreement that law is a system of entitlements, although, as we shall see, we differ as to what is their basis." "At any rate, we share the view that a litigant before a court of law is not in the position of one begging a favor from a potential benefactor, but rather in that of one demanding a particular decision as a matter of right, as something to which the law entitles him. Such a demand has two aspects: a claim that a right exists which the law recognizes; a claim that this right takes precedence over any competing legal rights or obligations involved. Let us refer to these two sorts of claims respectively as ones involving decisions as to recognition, and weight.:" Argues that we cannot distinguish between legal moral principles and non-legal moral principles without a rule of recognition. The same is true for the problem of establishing weight between various principles - here we have to consider how well a principle coheres with the institutional practice of a legal system. "[I]t is the distinctive feature of the institutionalized role of the judiciary, in contrast to the legislative, that it may not directly base decisions on substantive considerations of the value of competing social policies." "The theoretical possibility of the law being indeterminate with regard to what it requires...does not imply any correspondign indeterminacy with regard to what is required of the judge.". (shrink)

La scalabilità è una proprietà desiderabile di sistemi informatici associata a metriche di performance. Più precisamente, un sistema è definito scalabile quando riesce a gestire, senza calo di prestazioni, un numero crescente di elementi, processi, quantità di lavoro e/o quando può essere espanso a piacimento. Progettare un sistema scalabile garantisce un’ottimizzazione dei costi e delle prestazioni, e della produttività di un’azienda. Questi scopi sono stati perseguiti, dagli anni Ottanta, attraverso numerosi studi sulla scalabilità, che sono stati sviluppati in un ambito (...) esclusivamente tecnologico. Tuttavia, negli ultimi anni è sorto il bisogno di estendere la tradizionale prospettiva tecnologica della scalabilità perché troppo limitata considerata al di fuori delle organizzazioni e applicata alle situazioni di uso quotidiano delle nuove tecnologie. Per esempio, le rubriche dei telefonini sono tecnicamente scalabili: grazie alla funzione di ricerca, essi offrono un accesso immediato alle informazioni indipendentemente dal numero dei contatti memorizzati. Inoltre, il supporto di memorie digitali esterne molto capienti permette di inserire un numero pressoché illimitato di contatti. Le versioni più avanzate delle rubriche degli smartphones sono integrate anche con i social network come Facebook. Dal punto di vista cognitivo, negli utenti si crea un’illusione di essere in grado di gestire efficacemente reti sociali sempre più estese e ricche di contenuti. In realtà, vari studi hanno dimostrato che esistono dei limiti alla gestione di relazioni sociali rilevanti, quali il famoso numero di Dunbar. Pertanto, la prospettiva tecnologica sulla scalabilità è limitata nel senso che essa riesce a descrivere solo la performance di un sistema informatico, ma non ne spiega l’impatto su performance cognitiva e sociale. Un approccio alternativo potrebbe essere basato sul presupposto che la scalabilità è una proprietà importante non solo per computer e reti informatiche, ma anche per esseri umani e reti sociali. La comprensione della correlazione fra scalabilità tecnologica e umana, renderebbe possibile migliorare il design delle tecnologie per uso quotidiano. Per esempio, le rubriche dei telefonini, come anche i siti di social network, potrebbero ottimizzare l’accesso ai contenuti in base al significato delle relazioni sociali e della situazione nella quale sono considerate. Si può ipotizzare che la comprensione della scalabilità, sia umana sia tecnologica, possa permettere di migliorare la performance dell’azione individuale e/o collettiva. Socionics, un programma interdisciplinare di ricerca che integra sociologica e informatica, offre la possibilità di estendere la definizione di scalabilità anche ai sistemi sociali. Al contrario della prospettiva tradizionale della scalabilità, che è incentrata sull’aspetto quantitativo, Socionics pone al centro dell’analisi il problema da risolvere, che è analizzato sia dal punto di vista quantitativo sia da quello qualitativo . Grazie a Socionics, nell’articolo sono introdotti i concetti di scalabilità cognitiva e scalabilità sociale, che descrivono la capacità di gestire elegantemente a livello individuale o collettivo quantità crescenti di lavoro, e/o adattarsi alla loro complessità crescente. Il processo di valutazione della scalabilità cognitiva e sociale di un problema si compone di tre fasi: la prima riguarda la definizione del contesto dell’attività a cui il problema è associato. Questo richiede di specificare gli attori coinvolti, le risorse disponibili e i compiti che essi stanno svolgendo, individualmente o in gruppo. La seconda fase si propone di identificare i bisogni legati al contesto, che servono a capire in che misura il sistema è riuscito a soddisfare il bisogno, ovvero a misurare la performance. Nella terza e ultima fase si considera la funzione delle ICT nella risoluzione del problema, al fine di capire se le ICT abbiano alleviato, accentuato o rimosso eventuali limitazioni cognitive e/o sociali. Lo stesso problema è scalabile da un punto di vista cognitivo e/o sociale se esso è risolto in modo efficace al variare dei suoi elementi quantitativi e qualitativi. Per una prima valutazione dell’approccio, è discusso il problema della coordinazione sociale tramite telefonini, che non è ridotto semplicemente al numero di persone che i telefonini riescono a mobilizzare, ma anche alla qualità e impatto della loro performance. In conclusione, i concetti di scalabilità cognitiva e sociale offrono l’opportunità di informare la progettazione e favorire l’adozione di ICT grazie alla comprensione di come gli aspetti di scalabilità tecnologica influiscano sulla performance individuale e collettiva, e viceversa.Scalability has been for long time presented as a desirable property of a networked computer system associated to measure of its performance. As information and communication technologies become ubiquitous, a need of describing scalability also from a human perspective has emerged. Indeed, technical scalability only describes the performance of a computer system, but it does not explain anything about its impact on cognitive and social performance. Without acknowledging that technical scalability does not imply human scalability, there is the risk of not realizing the full potential of ICT in the everyday life. By adopting the Socionics approach, we extend the technical view of scalability with two additional concepts, namely cognitive and social scalability. These concepts describe the capacity to process individually or collectively growing volumes of work gracefully, and/or to adjust to their increasing complexity. The notion of social scalability is then evaluated in the activity-context of social coordination through mobile devices. We conclude that by improving our understanding of scalability issues, we may positively inform the design and use of ICT not only from the viewpoint of technical performance, but also for that of individual and collective performance. (shrink)

Current empirical work suggests that early social experiences could have a substantial impact on the areas of the brain responsible for representation of the body. In this context, one aspect of functioning that may be particularly susceptible to social experiences is interoception. Interoceptive functioning has been linked to several areas of the brain which show protracted post-natal development, thus leaving a substantial window of opportunity for environmental input to impact the development of the interoceptive network. We first introduce (...) a biopsychosocial model of interoceptive development. In our proposed model of interoceptive development, attachment related processes are purported to affect the development of interoception by influencing the growth of neural architecture and by modifying functioning of the HPA axis. Further, the idea that patterns of caretaking affect children’s development of interoception is presented. This model explains both normatively developing interoception and accounts for instances in which dysfunctional attachment related processes can lead to either a hypersensitivity or a blunted awareness of bodily cues. Second, we report findings from two existing datasets showing significant relationships between attachment related processes and interoception. In the first study, looking at a sample of healthy young adults (n = 132, 66 males), we assessed self-reported interoceptive awareness and attachment style. We found relationships between aspects of interoception and attachment style such that avoidant individuals reported lower interoceptive functioning across several dimensions (r’s (130) = -.20 to -.26, p’s<.05). More anxious individuals, on the other hand, reported heightened interoceptive across several dimensions (r’s(130)=.18 to.43, p’s <.05). In the second study, we examined the congruence between a person’s self-reported negative emotion and a measure of sympathetic nervous system arousal (SCL). The congruence score was positively associated with parental rejection of negative emotion. These results suggest that parenting style, as reported by the mother, are associated with a child’s ability to coordinate their self-reported emotional and physiological responding across a series of independent assessments, r(108)= -.24, p<.05. In other words, the more maternal reported parental rejection of child negative emotions, the less congruent a child’s self and physiological reports of distress. (shrink)

The aim of the paper is to explore and assess the process of responsibility, decoupling point, and disengagement of moral responsibility, in combination with business sustainability in supply chains. The research is based on a qualitative approach consisting of two multifaceted case studies, each including multiple case companies and different empirical research characteristics, and a review of BSus in supply chain literature. The case studies apply moral disengagement to propose how moral responsibility can deteriorate in supply chains, and the (...) literature review identifies elements of BSus in supply chain management. The contribution of this paper is to compare these two research streams and evaluate the efficacy of the concepts proposed in the case studies. Through this study, BSus gains an entirely different and complementary toolkit which should facilitate further and more effective research in SCM. The theory of MDis also provides a foundation for reinforcing explanatory and prescriptive aspects of ‘best practices’ in the SCM literature. The findings also establish a basis for organizing and monitoring supply chains so as to improve BSus efforts. Considering moral responsibility as a flow this research explains why and how certain practices may impede BSus efforts in supply chains. Original and/or innovative outcomes include explanatory and prescriptive insights that emerge from a combination of empirical findings from two case studies, including seven companies and a framework for improving BSus management in supply chains, based on a typology of moral disengagement. (shrink)

Gender roles are changing with the change of priorities and spheres of social influence in great historical upheavals. Transitional societies have undergone significant changes in social structure and gender roles have been influenced accordingly. Retraditionalization and globalization play important roles in that process.

In lieu of an abstract, here is a brief excerpt of the content:Buddhist-Christian Studies 22 (2002) 2-15 [Access article in PDF] Economic Aspects of Social and Environmental Violence John B. Cobb Jr. Claremont School of Theology I When we think of violence, what first comes to mind are violent acts by individuals or groups against other individuals. We think of rapes and murders, lynchings and muggings, beatings and armed robberies. We want the police to protect us from this violence. (...) Unfortunately, we know that police are tempted, in turn, to employ their power in violent ways, chiefly against those guilty of crimes, but sometimes against the innocent. The cycle of violence on the part of individuals and groups goes on.Bad as this violence is, it is worse when the state, instead of restricting it, supports and requires it. Political authorities have always exercised violence against their own people, especially those they suspected of being threats to their power. But in the twentieth century, state violence reached previously unheard of levels. For the sake of building a communist society, Stalin killed millions and imprisoned millions more. The Nazis undertook to purify Germany of Jews, gypsies, and other undesirables through extermination undertaken through bureaucratic processes.We Americans do not think of ourselves as having employed state power in any such way. We know that national power was used violently to drive Native Americans off their land down through the nineteenth century. We know that southern states used their power to enforce segregation and protect whites who engaged in violent acts against blacks in order to maintain total white domination over them. But we now think of the national government much more as the protector of human rights. This is not entirely false.We tend not to recognize, however, the amount of violence the national government is exercising in the wars against crime and drugs. In order to reduce individual violence as well as drug use, we have created a prison population of two million. One-fourth of all the prisoners in the world are in the United States, most of them jailed for nonviolent crimes. Although drug use is more or less equally spread among ethnic and economic groups, most of those imprisoned for this crime are poor and ethnic minorities. In the name of law and order, enormous violence is inflicted by the United States against the people of its ghettos. [End Page 3]In this same century war also took on new dimensions. It has been waged against entire populations instead of armies. The aim at total destruction came to its fullest expression when twice the United States dropped atomic bombs on Japan.World War II has made all of us sadly aware of the horrors of state violence. It has turned us against nationalism. We are appalled as we see nationalism raise its ugly head again in the former Soviet Union and especially in the former Yugoslavia. When ethnic groups undertake to destroy each other, our moral condemnation is unambiguous. Personal, group, and state violence remains a problem, but at least the wrong involved in this is widely understood.In all civilization there has been another kind of violence—economic. In much of history economic violence has been closely related to the forms noted above. The rich have been able to impose their will on the poor because they could employ persons to exercise violence for them and they could influence state action. We see this glaringly in the "goon squads" employed by the wealthy in some Latin American countries to intimidate and kill those who protest their actions. These goon squads often work closely with the military power of the state.We know that in this country as well, wealth reduces the chance of conviction for crimes. It also buys influence in government. On the whole the United States government throughout history has supported the interests of those with money. Today the power of wealth in the political process is clearly evident. We recognize that this situation is corrupt, but we do not ordinarily think of it as a form of violence. This is because the violent consequences are indirect, and we are... (shrink)

This guide accompanies the following article(s): ‘Full Disclosure of the “Raw Data” of Research on Humans: Citizens’ Rights, Product Manufacturer’s Obligations and the Quality of the Scientific Database.’Philosophy Compass 6/2 (2011): 90–99. doi: 10.1111/j.1747‐9991.2010.00376.x Author’s Introduction Securing consent (and informed consent) from patients and research study participants is a key concern in patient care and research on humans. Yet, the legal doctrines of consent and informed consent differ in their applications. In patient care, the judicial doctrines of consent and (...) informed consent are disclosure doctrines based on the obligation of physicians to inform their patients of the following types of information: the nature of the procedure the physician is recommending in the patent’s care (P), the alternatives to the physician‐recommendation (A), and the risks of procedure and its alternatives (R). In addition, the physician must provide truthful answers to the patient’s questions (Q) to the best of the physician’s abilities. In research on humans, the onus of disclosure by study sponsors and principal investigators is much greater than in patient care precisely because the purpose of research is not patient care. The purpose of research is the identification and development of new generalizable knowledge. Thus, participation in a research study or trial may not benefit the study volunteer at all. In addition, the participant may carry a heavy risk burden in relationship to any testing of a newly designed drug or device as part of their experiences in the research study. Presently, despite the risks borne by the research study participant, the raw data collected from volunteers in research trials are treated by courts as if they were the private property of the study sponsor rather than generally owed to the public as would be expected by an effort like research participation aimed at contributing to the development of generalizable knowledge. This paper reviews the obligations that study sponsors owe to their study participants based on the very definition of research as a systematic activity whose purpose is to develop generalizable knowledge to help all humans. Author Recommends Court cases Canterbury v. Spence, United States Court of Appeals, District of Columbia Circuit 464 F.2d 772 (1972). (Federal appellate decision heard in the District of Columbia, USA) Reibl v. Hughes, 2 S.C.R. 880 (1980). (Supreme Court of Canada) Rogers v. Whitaker, 175 C.L. R. 479 (1992). (High Court of Australia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Canterbury v. Spence is the landmark Federal informed consent case in the United States heard in the District of Columbia. In this case, Judge Spottswood Robinson articulated the reasonable person standard of informed consent. This standard was subsequently adopted by the Supreme Court of Canada (Reibl v. Hughes, 2 S.C.R. 880 (1980)) and the High Court of Australia (Rogers v. Whitaker, 175 C.L. R. 479 (1992)). The House of Lords rejected the reasonable person standard in England in Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985). Book Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. This book is a detailed guide for the review of scientific and ethical aspects of research on humans contained in the research study protocols and research informed consent forms which need to be submitted by study sponsors and principal investigators to institutional review boards (IRBs) for IRB review before a research study can receive approval to be conducted within a human study population in those institutions over which the IRB has authority. It also presents basic definitions in the area of research on humans and basic approaches to help conduct a deep review of the underlying scientific and ethical issues that are present within a research study protocol and its accompanying research informed consent form. Report National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Belmont Report: Ethical Guidelines for the Protection of Human Subjects of Research. Washington, DC: DHEW Publications, 1978 (78‐0012). This U.S. National Commission in the Belmont Report argued for the necessity of a reasonable volunteer standard in research on humans in the United States. Arguing that the professional standard and the reasonable person standard of consent and informed consent were insufficient to base a disclosure standard in research on humans, this National Commission developed the reasonable volunteer standard where a study participant is to be approached in research informed consent with that information that a reasonable volunteer would want to know. Online Materials Belmont Report: Syllabus Topics for Lecture and Discussion Week I: Introduction and Overview Readings: Rogers v. Whitaker, 175 C.L.R. 479 (1992). (High Court of Australia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Week II: The Different Standards of Consent and Informed Consent Readings: Canterbury v. Spence, 464 F.2d 772 (1972). (Federal appellate opinion heard in the District of Columbia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Week III: Definition of Research Reading: Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. (Especially Chapters 2 and 3) Week IV: How to Review a Research Study Protocol and Research Informed Consent Form Reading: Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. (Especially Chapters 4–6, 10, and 12–14) Week V: Obligations in Research of Humans Versus Patient Care Reading: National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Belmont Report: Ethical Guidelines for the Protection of Human Subjects of Research. Washington, DC: DHEW Publications, 1978 (78‐0012). Focus Questions • How do the judicial doctrines of consent in England and Australia compare to the judicial doctrines of informed consent in the United States and Canada? • How does a professional standard of disclosure differ from a reasonable person standard of disclosure? • What is the definition of research? • How is a research study (study proposal and research informed consent form) reviewed from scientific and ethical bases for considerations of approval by an IRB? • How do the obligations of a study sponsor, a principal investigator, and a research team conducting a research trial on human study participants differ from the obligations of a physician caring for a patient? • Should all raw data of research derived from humans be made available to the public for use in developing generalizable knowledge to help others, or should raw data be considered the private property of the study sponsors (for example, prescription drug manufacturers), who fund the research trials? Seminar/project Idea Draw a timeline of the development of the basic concepts of consent and informed consent in patient care and in patient research. On this timeline, first place the dates of the key court cases in England, the United States, Canada, and Australia on consent and informed consent. Then place the date of the development of the Belmont Report. Why do differences exist between these four countries in terms of the legal requirements of informedness of a patient (in medical care) and a study participant (in medical research)? What roles if any do the concepts of self‐determination and self‐decision have in consent and informed consent in patient care and in informed consent in research on humans among the four countries of interest? What are the realities of research on human participants that require a new standard of informed consent, the reasonable volunteer standard, to be developed beyond the two standards in patient care, the professional standard, and the reasonable person standard? Counterpoint Arguments The following are counterpoint arguments that need to be appreciated to more fully understand the concepts that impact the thesis that ‘raw data’ should be open to the public to allow the opportunity of checking of the results of its associated scientific paper and for further analysis. De‐Identified (Anonymized) Raw Data A current approach to identifying (anonymizinig) raw data is based on the Health Insurance Portability and Accountability Act (HIPAA) of 1996 (P.L.104‐191). HIPAA was enacted by the U.S. Congress in 1996 to keep a person’s medical information private. In a research study, a person’s private medical information can become research data. HIPAA’s Privacy Rule allows a covered entity to de‐identify data by removing all 18 elements that could be used to identify the individual or the individual’s relatives, employers, or household members; these elements are enumerated in the Privacy Rule. The covered entity must also have no actual knowledge that the remaining information could be used alone or in combination with other information to identify the individual who is the subject of the information. Under this method, the identifiers that must be removed are the following: 1 Names. 2 All geographic subdivisions smaller than a state, including street address, city, county, precinct, ZIP Code, and their equivalent geographical codes, except for the initial three digits of a ZIP Code if, according to the current publicly available data from the Bureau of the Census: 2a. The geographic unit formed by combining all ZIP Codes with the same three initial digits contains more than 20,000 people. 2b. The initial three digits of a ZIP Code for all such geographic units containing 20,000 or fewer people are changed to 000. 3 All elements of dates (except year) for dates directly related to an individual, including birth date, admission date, discharge date, and date of death, and all ages over 89 and all elements of dates (including year) indicative of such age, except that such ages and elements may be aggregated into a single category of age 90 or older. 4 Telephone numbers. 5 Facsimile numbers. 6 Electronic mail addresses. 7 Social security numbers. 8 Medical record numbers. 9 Health plan beneficiary numbers. 10 Account numbers. 11 Certificate/license numbers. 12 Vehicle identifiers and serial numbers, including license plate numbers. 13 Device identifiers and serial numbers. 14 Web universal resource locators (URLs). 15 Internet protocol (IP) address numbers. 16 Biometric identifiers, including fingerprints and voiceprints. 17 Full‐face photographic images and any comparable images. 18 Any other unique identifying number, characteristic, or code, unless otherwise permitted by the Privacy Rule for re‐identification. Even though ‘raw data’ can be de‐identified (anonymized) so that there is no way to trace back the data to the study participant from which it was drawn, there are still questions whether the ‘de‐identified raw data’ can be given to other researchers or made public without the original study participant’s approval. It may be the case that this approval could be done at the start of any research study where the individual considering study participation would be counseled on what the process of de‐identification consists of and would be asked whether the participant would allow use of the data by other researchers or made available to the public in a de‐identified state. However, there may be questions of the study participants as to whether the data are truly de‐identified and untraceable back to the study participant since the participant would not be able to see the process actually being carried out in detail in all relevant circumstances. Using Raw Data in Context Simply being in possession of raw data is never enough to build on that data from a research perspective. Researchers need to understand the context of the scientific research study in which the data were collected. This research context includes (but is not limited to): (i) the scientific hypothesis of the research study, (ii) the inclusion and exclusion criteria selected by the research designers of the study to determine which study participants were included and which were excluded from the study, (iii) the methods used to collect the data and possibilities of errors in the data collection processes, and (iv) answers to questions regarding whether any data were excluded from the study data and why these data were excluded. Ownership Rights Over Data There are ownership rights over data. Ownership rights include court decision making related to the question which parties are to be considered as the owners of the data. Possible owners here include (but are not limited to) (i) the study sponsor whose only role was to fund that study, (ii) the principal investigator(s) who developed the scientific hypothesis, and (iii) individual study participants through special contracts made by individual participants who negotiate such contracts with study sponsors and principal investigators to share in the ownership of data. Examples of such data are participant sources of unique gene lines or unique cell lines to be used in future research. Objections to Data Sharing Finally, individual researchers may simply object to sharing data. A researcher’s arguments here may be simply stating that he or she has a right to fully analyze the data since the collection of the data was the researchers’ idea in the first place. These researchers may argue that they have the right to mine the data as fully as they can before deciding to make the data open to the public for others to analyze. Works Cited 1 Kaiser, J. ‘Making Clinical Data Widely Available.’Science 322.5899 (10 Oct. 2008): 217–8. 2 de Lusignan, S., J.F. Metsemakers, P. Houwink, V. Gunnarsdottir, and J. van der Lei. ‘Routinely Collected General Practice Data: Goldmines for Research? A Report of the European Federation for Medical Informatics Primary Care Informatics Working Group (EFMI PCIWG) from MIE2006, Maastricht, The Netherlands.’Informatics in Primary Care 14.3 (2006): 203–9. 3 Sim, I. ‘Human Studies Database Project’, CTSA Data Repositories Symposium (17 Oct. 2008). 23 Nov. 2010. 4 Sim, I., C.G. Chute, H. Lehmann, R. Nagarajan, M. Nahm, and R.H. Scheuermann. ‘Keeping Raw Data in Context.’Science 323.5915 (6 Feb. 2009): 713. 5 U.S. Department of Health and Human Services, National Institutes of Health, HIPAA Privacy Rule, Information for Researchers. 13 Nov. 2010. 6 Wilczynski, N.L., R.B. Haynes, and Hedges Team. ‘EMBASE Search Strategies for Identifying Methodologically Sound Diagnostic Studies for Use by Clinicians and Researchers.’BMC Medicine 29.3 (March 2005): 7. (shrink)

This guide accompanies the following article(s): ‘Full Disclosure of the “Raw Data” of Research on Humans: Citizens’ Rights, Product Manufacturer’s Obligations and the Quality of the Scientific Database.’Philosophy Compass 6/2 (2011): 90–99. doi: 10.1111/j.1747‐9991.2010.00376.x Author’s Introduction Securing consent (and informed consent) from patients and research study participants is a key concern in patient care and research on humans. Yet, the legal doctrines of consent and informed consent differ in their applications. In patient care, the judicial doctrines of consent and (...) informed consent are disclosure doctrines based on the obligation of physicians to inform their patients of the following types of information: the nature of the procedure the physician is recommending in the patent’s care (P), the alternatives to the physician‐recommendation (A), and the risks of procedure and its alternatives (R). In addition, the physician must provide truthful answers to the patient’s questions (Q) to the best of the physician’s abilities. In research on humans, the onus of disclosure by study sponsors and principal investigators is much greater than in patient care precisely because the purpose of research is not patient care. The purpose of research is the identification and development of new generalizable knowledge. Thus, participation in a research study or trial may not benefit the study volunteer at all. In addition, the participant may carry a heavy risk burden in relationship to any testing of a newly designed drug or device as part of their experiences in the research study. Presently, despite the risks borne by the research study participant, the raw data collected from volunteers in research trials are treated by courts as if they were the private property of the study sponsor rather than generally owed to the public as would be expected by an effort like research participation aimed at contributing to the development of generalizable knowledge. This paper reviews the obligations that study sponsors owe to their study participants based on the very definition of research as a systematic activity whose purpose is to develop generalizable knowledge to help all humans. Author Recommends Court cases Canterbury v. Spence, United States Court of Appeals, District of Columbia Circuit 464 F.2d 772 (1972). (Federal appellate decision heard in the District of Columbia, USA) Reibl v. Hughes, 2 S.C.R. 880 (1980). (Supreme Court of Canada) Rogers v. Whitaker, 175 C.L. R. 479 (1992). (High Court of Australia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Canterbury v. Spence is the landmark Federal informed consent case in the United States heard in the District of Columbia. In this case, Judge Spottswood Robinson articulated the reasonable person standard of informed consent. This standard was subsequently adopted by the Supreme Court of Canada (Reibl v. Hughes, 2 S.C.R. 880 (1980)) and the High Court of Australia (Rogers v. Whitaker, 175 C.L. R. 479 (1992)). The House of Lords rejected the reasonable person standard in England in Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985). Book Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. This book is a detailed guide for the review of scientific and ethical aspects of research on humans contained in the research study protocols and research informed consent forms which need to be submitted by study sponsors and principal investigators to institutional review boards (IRBs) for IRB review before a research study can receive approval to be conducted within a human study population in those institutions over which the IRB has authority. It also presents basic definitions in the area of research on humans and basic approaches to help conduct a deep review of the underlying scientific and ethical issues that are present within a research study protocol and its accompanying research informed consent form. Report National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Belmont Report: Ethical Guidelines for the Protection of Human Subjects of Research. Washington, DC: DHEW Publications, 1978 (78‐0012). This U.S. National Commission in the Belmont Report argued for the necessity of a reasonable volunteer standard in research on humans in the United States. Arguing that the professional standard and the reasonable person standard of consent and informed consent were insufficient to base a disclosure standard in research on humans, this National Commission developed the reasonable volunteer standard where a study participant is to be approached in research informed consent with that information that a reasonable volunteer would want to know. Online Materials Belmont Report: Syllabus Topics for Lecture and Discussion Week I: Introduction and Overview Readings: Rogers v. Whitaker, 175 C.L.R. 479 (1992). (High Court of Australia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Week II: The Different Standards of Consent and Informed Consent Readings: Canterbury v. Spence, 464 F.2d 772 (1972). (Federal appellate opinion heard in the District of Columbia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Week III: Definition of Research Reading: Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. (Especially Chapters 2 and 3) Week IV: How to Review a Research Study Protocol and Research Informed Consent Form Reading: Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. (Especially Chapters 4–6, 10, and 12–14) Week V: Obligations in Research of Humans Versus Patient Care Reading: National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Belmont Report: Ethical Guidelines for the Protection of Human Subjects of Research. Washington, DC: DHEW Publications, 1978 (78‐0012). Focus Questions • How do the judicial doctrines of consent in England and Australia compare to the judicial doctrines of informed consent in the United States and Canada? • How does a professional standard of disclosure differ from a reasonable person standard of disclosure? • What is the definition of research? • How is a research study (study proposal and research informed consent form) reviewed from scientific and ethical bases for considerations of approval by an IRB? • How do the obligations of a study sponsor, a principal investigator, and a research team conducting a research trial on human study participants differ from the obligations of a physician caring for a patient? • Should all raw data of research derived from humans be made available to the public for use in developing generalizable knowledge to help others, or should raw data be considered the private property of the study sponsors (for example, prescription drug manufacturers), who fund the research trials? Seminar/project Idea Draw a timeline of the development of the basic concepts of consent and informed consent in patient care and in patient research. On this timeline, first place the dates of the key court cases in England, the United States, Canada, and Australia on consent and informed consent. Then place the date of the development of the Belmont Report. Why do differences exist between these four countries in terms of the legal requirements of informedness of a patient (in medical care) and a study participant (in medical research)? What roles if any do the concepts of self‐determination and self‐decision have in consent and informed consent in patient care and in informed consent in research on humans among the four countries of interest? What are the realities of research on human participants that require a new standard of informed consent, the reasonable volunteer standard, to be developed beyond the two standards in patient care, the professional standard, and the reasonable person standard? Counterpoint Arguments The following are counterpoint arguments that need to be appreciated to more fully understand the concepts that impact the thesis that ‘raw data’ should be open to the public to allow the opportunity of checking of the results of its associated scientific paper and for further analysis. De‐Identified (Anonymized) Raw Data A current approach to identifying (anonymizinig) raw data is based on the Health Insurance Portability and Accountability Act (HIPAA) of 1996 (P.L.104‐191). HIPAA was enacted by the U.S. Congress in 1996 to keep a person’s medical information private. In a research study, a person’s private medical information can become research data. HIPAA’s Privacy Rule allows a covered entity to de‐identify data by removing all 18 elements that could be used to identify the individual or the individual’s relatives, employers, or household members; these elements are enumerated in the Privacy Rule. The covered entity must also have no actual knowledge that the remaining information could be used alone or in combination with other information to identify the individual who is the subject of the information. Under this method, the identifiers that must be removed are the following: 1 Names. 2 All geographic subdivisions smaller than a state, including street address, city, county, precinct, ZIP Code, and their equivalent geographical codes, except for the initial three digits of a ZIP Code if, according to the current publicly available data from the Bureau of the Census: 2a. The geographic unit formed by combining all ZIP Codes with the same three initial digits contains more than 20,000 people. 2b. The initial three digits of a ZIP Code for all such geographic units containing 20,000 or fewer people are changed to 000. 3 All elements of dates (except year) for dates directly related to an individual, including birth date, admission date, discharge date, and date of death, and all ages over 89 and all elements of dates (including year) indicative of such age, except that such ages and elements may be aggregated into a single category of age 90 or older. 4 Telephone numbers. 5 Facsimile numbers. 6 Electronic mail addresses. 7 Social security numbers. 8 Medical record numbers. 9 Health plan beneficiary numbers. 10 Account numbers. 11 Certificate/license numbers. 12 Vehicle identifiers and serial numbers, including license plate numbers. 13 Device identifiers and serial numbers. 14 Web universal resource locators (URLs). 15 Internet protocol (IP) address numbers. 16 Biometric identifiers, including fingerprints and voiceprints. 17 Full‐face photographic images and any comparable images. 18 Any other unique identifying number, characteristic, or code, unless otherwise permitted by the Privacy Rule for re‐identification. Even though ‘raw data’ can be de‐identified (anonymized) so that there is no way to trace back the data to the study participant from which it was drawn, there are still questions whether the ‘de‐identified raw data’ can be given to other researchers or made public without the original study participant’s approval. It may be the case that this approval could be done at the start of any research study where the individual considering study participation would be counseled on what the process of de‐identification consists of and would be asked whether the participant would allow use of the data by other researchers or made available to the public in a de‐identified state. However, there may be questions of the study participants as to whether the data are truly de‐identified and untraceable back to the study participant since the participant would not be able to see the process actually being carried out in detail in all relevant circumstances. Using Raw Data in Context Simply being in possession of raw data is never enough to build on that data from a research perspective. Researchers need to understand the context of the scientific research study in which the data were collected. This research context includes (but is not limited to): (i) the scientific hypothesis of the research study, (ii) the inclusion and exclusion criteria selected by the research designers of the study to determine which study participants were included and which were excluded from the study, (iii) the methods used to collect the data and possibilities of errors in the data collection processes, and (iv) answers to questions regarding whether any data were excluded from the study data and why these data were excluded. Ownership Rights Over Data There are ownership rights over data. Ownership rights include court decision making related to the question which parties are to be considered as the owners of the data. Possible owners here include (but are not limited to) (i) the study sponsor whose only role was to fund that study, (ii) the principal investigator(s) who developed the scientific hypothesis, and (iii) individual study participants through special contracts made by individual participants who negotiate such contracts with study sponsors and principal investigators to share in the ownership of data. Examples of such data are participant sources of unique gene lines or unique cell lines to be used in future research. Objections to Data Sharing Finally, individual researchers may simply object to sharing data. A researcher’s arguments here may be simply stating that he or she has a right to fully analyze the data since the collection of the data was the researchers’ idea in the first place. These researchers may argue that they have the right to mine the data as fully as they can before deciding to make the data open to the public for others to analyze. Works Cited 1 Kaiser, J. ‘Making Clinical Data Widely Available.’Science 322.5899 (10 Oct. 2008): 217–8. 2 de Lusignan, S., J.F. Metsemakers, P. Houwink, V. Gunnarsdottir, and J. van der Lei. ‘Routinely Collected General Practice Data: Goldmines for Research? A Report of the European Federation for Medical Informatics Primary Care Informatics Working Group (EFMI PCIWG) from MIE2006, Maastricht, The Netherlands.’Informatics in Primary Care 14.3 (2006): 203–9. 3 Sim, I. ‘Human Studies Database Project’, CTSA Data Repositories Symposium (17 Oct. 2008). 23 Nov. 2010. 4 Sim, I., C.G. Chute, H. Lehmann, R. Nagarajan, M. Nahm, and R.H. Scheuermann. ‘Keeping Raw Data in Context.’Science 323.5915 (6 Feb. 2009): 713. 5 U.S. Department of Health and Human Services, National Institutes of Health, HIPAA Privacy Rule, Information for Researchers. 13 Nov. 2010. 6 Wilczynski, N.L., R.B. Haynes, and Hedges Team. ‘EMBASE Search Strategies for Identifying Methodologically Sound Diagnostic Studies for Use by Clinicians and Researchers.’BMC Medicine 29.3 (March 2005): 7. (shrink)

Comparing food taboos across 78 cultures, this paper demonstrates that meat, though a prized food, is also the principal target of proscriptions. Reviewing existing explanations of taboos, we find that both functionalist and symbolic approaches fail to account for meat's cross-cultural centrality and do not reflect experience-near aspects of food taboos, principal among which is disgust. Adopting an evolutionary approach to the mind, this paper presents an alternative to existing explanations of food taboos. Consistent with the attendant risk of pathogen (...) transmission, meat has special salience as a stimulus for humans, as animal products are stronger elicitors of disgust and aversion than plant products. We identify three psychosocial processes, socially-mediated ingestive conditioning, egocentric empathy, and normative moralization, each of which likely plays a role in transforming individual disgust responses and conditioned food aversions into institutionalized food taboos. (shrink)

At the current level of economic development, the digital transformation of society is an important factor in advancing any social structure. The purpose of the present study was to explore the transformation of a traditional society into a digital one, with a focus on ethical and environmental aspects. The study draws on a variety of information analysis methods to identify strengths, weaknesses, opportunities, and threats of digitalization, including the environmental aspect. Our research revealed that in Russia, the only highly (...) digitalized sectors were information technology and finance. Digitalization is strikingly different in the European countries, where only transport and building industries slowly implemented digital technologies into their business processes. We also examined digitalization levels in 7 Moscow universities. The universities managed to improve their digitalization scores with the help of recommendations developed for online learning, such as selection of quality software, having qualified teaching staff, constant monitoring, and evaluation of knowledge. The findings can be used in economic, social, and environmental spheres since they highlight the ambiguous effects of digitalization using practical examples. (shrink)

The coming out process is fundamental for identity integration among LGBQ+ people, and its impact can vary greatly depending on personal and contextual factors. The historical, cultural, and social contexts in which LGBQ+ people develop their sexual identity can mediate the relationship between CO and health outcomes. The present study aimed at clarifying the CO process in three generations of Italian LGBQ+ people by providing data on: sexual orientation milestones, such as age of first awareness, age of (...) first self-label, and age of first CO, as well as the rate of disclosure during different life stages; the rate and average age of CO to significant others; and CO within the religious context and its effect on participants’ minority stress experiences. A total of 266 Italian LGBQ+ people participated in the study, with ages ranging from 20 to 80 years. Findings indicated that, on average, the older adult group became self-aware, self-labeled, and disclosed their sexual identity at a significantly older age than the other groups. Older adults were also more Catholic and had CO more frequently to their Catholic community, relative to young and middle adults. CO within the Catholic context was associated with distal and proximal minority stressors, such as discrimination, vigilance, and internalized sexual stigma. Catholic community reactions to participants’ CO were distinguished through thematic analysis in three main types: unconditional acceptance, invitation to change, and open rejection. The present research extended current knowledge on CO and minority stress experiences in different generations of LGBQ+ people. Several differences emerged between generational groups on sexual orientation milestones, highlighting the potential impact of historical and cultural contexts in determining sexual minorities’ experiences related to sexual identity. It is recommended that mental health professionals working with LGBQ+ clients implement targeted interventions based on their clients’ multiple salient aspects, including age and religious background. Clinicians should also be aware of the potentially detrimental effects of CO within an unsupportive context, rather than encouraging CO tout court. (shrink)

At present, a series of economic structural changes created by the network economy have brought challenges to the entire economy and society. Traditional social commerce has also suffered severe tests under the background of network economy and global integration, and the rise and development of network commercial activities lack legal constraints. Based on the Big Data technology, in view of the characteristics of data mining services, this paper expands and changes the traditional model and proposes the Big Data alliance (...) data mining service process model. Moreover, this paper uses intelligent decision-making theory and knowledge reasoning methods to construct a fast-responding, service-reusable, and intelligent service model to realize the scalability of data mining services. In addition, this paper constructs system function modules according to the requirements of Internet commercial judicial data mining and verifies the performance of the system constructed in this paper through experimental analysis. The research results show that the system constructed in this paper has certain practical effects. (shrink)

The judiciary is a key policy actor that is involved in deciding health rights and policy by intervening in the policy process through a variety of judicial mechanisms, yet the appropriate extent of its involvement remains contentious. Taking the competence objection seriously requires understanding it as an epistemic problem about how courts assess empirical and scientific evidence in order to competently adjudicate controversial health claims. This paper examines recent advances in social epistemology to develop insights for the (...) epistemic competence of the judiciary from a system‐oriented approach. I outline three epistemic features that set the judiciary and the judicial decision‐making process apart from other types of decision‐makers in health policy: the distribution of epistemic power, the epistemic authority of a justified believer, and the principle of disinterestedness. Finally, I relate these insights back to the judicial decision‐making process with a specific focus on recent court decisions in health rights and health policy in Chile. (shrink)

For over thirty years, Lynne Layton has heeded the call for a social psychoanalysis and produced a body of work that examines unconscious process as it operates both in the social world and in the clinic. In this volume of Layton's most important papers, she expands on earlier theorists' ideas of social character by exploring how dominant ideologies and culturally mandated, hierarchical identity prescriptions are lived in individual and relational conflict. Through clinical and cultural examples, Layton (...) describes how enactments of what she calls 'normative unconscious processes' reinforce cultural inequalities of race, sex, gender, and class both inside and outside the clinic, and at individual, interpersonal, and institutional levels. Clinicians, academics, and activists alike will find here a deeper understanding of the power of unconscious process, and are called on to envision and enact a progressive future in which vulnerability and interdependency are honored and systemic inequalities dismantled. (shrink)

The study focuses on the theoretical underpinnings of the ideological struggle in social processes as seen through the lens of the Argentinian philosopher Héctor P. Agosti's political philosophy. It discusses the impact of Agosti's interpretation of ideology in social struggle the usefulness of his conclusions for later practical developments in Latin America. The aim of the study is to describe the key aspects of Agosti's view of culture and ideology and to identify specific features of his approach with (...) a view to determining how and to what extent Agosti's political thought contributed to subsequent theories and practice. The following aspects are analysed: understanding culture as a contradictory process in dynamic social development, the role of the intellectual in the social struggle for ideological hegemony and specific features of Agosti's approach to developments in revolutionary thought in revolutionary thought in the Latin America. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Pro P. Sulla OratioAnn VasalyD. H. Berry, ed. Cicero: Pro P. Sulla Oratio. With introduction and commentary. Cambridge: Cambridge University Press, 1996. xxvi 1 335 pp. 2 figs. Cloth, $64.95. (Cambridge Classical Texts and Commentaries, 30)As the author points out, Pro Sulla is only the fifth of the fifty-eight extant speeches of Cicero to receive a full-scale scholarly commentary in English in this century (the last English commentary on (...) Pro Sulla being J. S. Reid’s school edition of 1882). Berry convincingly argues that this particular speech in no way deserves the neglect into which it has fallen, for it is at once compelling as a paradigm of Ciceronian persuasive technique and invaluable as a reflection of Roman political, social, and legal affairs in the tumultuous period of the 60s b.c. Furthermore, a new edition of the text was surely called for, since neither Clark’s OCT of 1911 nor Kasten’s Teubner editions (1933, 1949, 1966) collated more than three of the manuscripts cited by each, whereas for the present edition Berry has collated all seven of the principal manuscripts and has provided [End Page 471] a complete account of the evidence (using the apparatus criticus for five of the manuscripts and providing a collation of the often corrupt readings of two others in Appendix 2). Unlike earlier editors, he has been able to draw on P. L. Schmidt’s discovery in 1974 of a collation by J. Gulielmius of the twelfth-century codex Erfurtensis. This collation, transcribed and published by Berry in 1989, is particularly valuable as it is the only reliable witness to the lost folios of the Erfurtensis which contained most of Pro Sulla.In addition to an account of the manuscripts, Berry’s full introduction treats the life of P. Cornelius Sulla; historical, political, and legal questions concerning his trial; and various aspects of the speech itself, including structure, prose rhythm, and date of publication. Here, the years Berry has devoted to preparing this work are reflected in his careful and thorough treatment of prosopography (the relationship of the defendant to Sulla the dictator is also treated in a separate appendix) and in his acute analysis of the laws under which the defendant was charged. It is interesting to note that Berry also confronts head-on two issues that ultimately concern our assessment of Cicero not as a persuasive orator or an effective politician but as an ethical human being: “Was Sulla Guilty?” and “The Morality of Cicero’s Defense” comprise the last two subsections of the part of the introduction that deals with the trial. Dismissing the hostile, and ultimately uncritical, method of some earlier scholars who tended to accept as truth the exact opposite of any assertion made by Cicero in a speech, Berry is inclined to absolve Sulla of a number of the more serious charges on which he was prosecuted, and especially of active complicity in Catiline’s attempted coup of 63. Proceeding from this thesis, he goes on to assert—rather boldly, given that the shades of Mommsen, Syme, and Carcopino still haunt any scholar willing to credit Cicero with a show of moral courage—that “if Sulla was indeed innocent of the charges relating to the conspiracy, then Cicero may be regarded as having stepped in, at great personal risk, to save a man who was innocent at least of the main charges on which he was accused, and who otherwise would have been condemned” (42).The commentary expands on various prosopographical and legal questions raised by the text, and Berry is particularly adroit at unraveling the meaning of a number of perplexing passages. Among many valuable discussions that could be cited: Roman social practice vis-à-vis the often conflicting demands of amicitia in judicial proceedings (143); Torquatus’ charges and Cicero’s strategy of response concerning the damning contents of Cicero’s letter to Pompey (265–66); the nature of Torquatus’ accusations of Sulla’s complicity in the “first conspiracy” (270–73); the editio process used to empanel the jurors in the trial (316–18).Every commentary has a unique character that reflects the preoccupations and special interests of its author. The... (shrink)

This scientific article is devoted to the research of different aspects and forms of existence of the "European idea". In particular, the idea of "Europe of concentrative circles" and conception of "Europe of variable geometry" which were offered by the prime minister of France E. Balladur. The author focuses on the fact that the problems associated with formation or, in fact, definition of the theoretical foundations of contemporary European integration process have an objective character. This is due to deepening (...) and enlargement of the EU, in the context of changes in theoretical approaches. Treated on the basis of facts the author makes following conclusions: the idea of "Europe of concentrative circles" provides more higher level of integration towards the "center" of the European Community, which would be after the EU political union, a common market and economic and monetary union. Followed by countries of the European Free Trade Association, close to the EU in economic and legal terms. The outer circle is composed of the countries associated with the EU applying for full membership. Fourth, the broadest range - there are the member-states of the OSCE as a common area of European cooperation. (shrink)

This volume of the Sociology of the Sciences Yearbooks stems from our experience that collaborations between non-scientists and scientists, often initiated by scientists seeking greater social relevance for science, can be of major importance for cognitive development. It seemed to us that it would be useful to explore the conditions under which such collaborations affect scientific change and the nature of the processes involved. This book therefore focuses on a number of instances in which scientists and non-scientists were jointly (...) involved in the genera tion of scientific results at the "interface" of science and society. Despite the considerable variety of cases reported here, a number of questions are central. Under what conditions do such cooperative processes occur? What perceptions of social relevance and what sorts of col laborations with non-scientific groups are involved? How is this collaboration achieved, and through what forums? How can insights into its conditions and mechanisms stabilize such cooperations over a longer period of time? If they are stabilized, do they really affect science, or do they mainly function to shield the rest of the science system against external influences? These questions are pertinent both to intellectual problems in the sociology of science and to the practical concerns of modern science policies. The significance of relations between knowledge producers and knowledge consumers and interest in how these relations affect science and society have changed considerably in recent decades. (shrink)

Chapter 1: An Introduction: The ‘Semantic Sting’ Argument Describes Dworkin’s theory as concerning the conditions of legal validity. “A legal system is a system of norms. Validity is a logical property of norms in a way akin to that in which truth is a logical property of propositions. A statement about the law is true if and only if the norm it purports to describe is a valid legal norm…It follows that there must be certain conditions which render certain norms, (...) but not others, legally valid. Hence it also follows that there can be two types of disagreement over the truth or falsehood of propositions about the law. People can disagree over the question ‘What are the conditions of legal validity?’, in which case their disagreement is a theoretical one. Or they can agree on the conditions of validity, and disagree as to whether or not those conditions actually obtain in a given case or not.” Argues that the best way to interpret Dworkin’s ‘semantic-sting argument’ is as a general argument against conventionalism in legal positivism. Summarizes the outcome of Dworkin’s argument as follows: “[I]f Dworkin is right about the legal reasoning of lawyers and judges, conventionalism would be self-defeating: if lawyers and judges recognize as legally binding not only those norms which are uncontroversially identifiable under the Rule of Recognition, that is, if what they recognize as binding is not only source-based law, then conventionalism turns out to be false on its own terms. In other words, either law is not what lawyers and judges think that it is, in which case law is not a matter of conventions, or – if it is what lawyers and judges think – conventionalism is false, as they do not see the law as purely a matter of conventions.” Dworkin’s theory, then, is a new conception of jurisprudence aiming to present itself as a rival to conventionalism. The book will be concerned with re-examining positivism in light of the interpretative challenge. Chapter 2: Meaning and Interpretation “[R]oughly, interpretation can be defined as an understanding or explanation of the meaning of an object.” Interpretation in this narrow sense is distinct from a less formal and broader use of interpretation that makes it equivalent to explanation. “Hence also, only those objects which are capable of bearing some meaning qualify as objects of interpretation.” [Why shouldn’t we think of interpretation as object-identification? This seems to be closer to what Dworkin has in mind.] Thus, a consideration of the philosophical work on meaning is appropriate. First, a consideration of Davidson on interpretation. The thesis is that Davidson’s “radical interpretation” can only account for sentence meaning and not for linguistic interpretation in general. Davidson cannot account for the non-rule-governed aspects of communication. “Semantics, as opposed to interpretation, concerns those aspects of communication which are rule or convention governed…but such rules are normally unavailable as reasons or justifications for an interpretation. On the contrary, interpretation is usually required because the issue is not determined by rules or conventions.” Interpretation, rather, is parasitic with understanding the meaning of an expression and not equivalent with it. As Dummett notes, any reflection on the meanings of words assumes prior knowledge of ordinary meanings. “This leads to the conclusion that understanding or explaining the meaning of an expression and interpreting it, are two conceptually separate things. It also indicates that seman ics can only be employed, if at all, to elucidate the concept of interpretation by way of contrast: interpretation concerns those aspects of communication which are under-determined by semantic rules or conventions.” Pragmatics, the study of problems posed by discrepancies between utterer’s meaning and sentence meaning, would seem to be closer to inquiry into interpretation. Both are concerned with understanding how meaning is possible where conventional rules leave off. Contemporary pragmatics, moreover, recognizes the logically indeterminate character of communicative inferences beyond conventional meaning and that the contextual conditions that account for the possibility cannot be realized in the semantic structure of the sentence. However, different criteria of success may be at work in pragmatics than interpretation. Pragmatics is concerned with how communication is achieved and thus the criteria of success would be grasping a speaker’s intentions. Many think, however, that communication is unimportant in certain spheres of communication, e.g. artistic interpretation, and that in these cases the aim of interpretation is not to uncover the actual artist’s intentions. What kind of meaning is interpretation aimed at then? It cannot be the meaning the object has for the interpreter. “Interpretation purports to be a statement about the object interpreted, not about the subject who offers the interpretation…it is crucial to remember that not everything we say about a work of art, or any other text, amounts to an interpretation of it. Only those aspects of a text which can shed light on its meaning form part of the text’s interpretation. What the text means for someone rarely entails anything about what the text means.” [This is puzzling to some extent for it remains somewhat ambiguous what it means to talk of subject-independent meaning.] Interpretive meaning attribution is, rather, counterfactual. “In general, I will suggest that the answer to this question consists in the fact that meaning is assigned by a counterfactual statement. Given that x is the meaning attributed to, for instance a text T, and x is not the literal meaning of T, nor is it the meaning of T intended by its author, then the attribution of meaning x to T can only be understood as the contention that on the basis of certain assumptions a certain fictitious or stipulated speaker would have meant x by expressing T.” Thus, on this account, interpretation, when it does not concern an actual speaker, turns out to be a kind of counterfactual intention attribution. Twofold point: “First, that interpretation is essentially a matter of attributing intentions, that is, in the pragmatics sense of ‘meaning’, namely, meaning that such-and-such by an act or expression. At the same time, interpretations need not be based on the intentions of actual authors; the meaning of an act or expression is understandable in terms of counterfactual intentions.” [Are we really restricted to understanding the coherence and integrity of meaning in such a way? Presumably the author is a kind of device for organizing meaning, much like Dworkin’s integrity, but need it take that format?] The logic of interpretation is typically reducible to intention attribution. [What role does the counterfactual author play in structuring meaning?] The criteria of interpretive success will depend upon the object, whether it is the real author or the counterfactual author. If the former, success will depend upon the retrieval of the author’s actual intentions. “Likewise, if the author is characterized in terms of some ideal representative of a certain genre, for instance, the presumptions which are taken to determine this c aracterization would provide the criteria of success for the particular interpretation offered.” [The criteria of success would seem, then, to be the principles, ideals, etc. that we attribute to the counterfactual author. These attributed qualities would be doing all the work – is the attribution of intention to the hypothetical author, then, really necessary at all?] [Does this account presuppose a weird dichotomy between what an object is and what it means? This dichotomy is different, if present at all, in Dworkin.] Chapter 3: Dworkin’s Theory of Interpretation and the Nature of Jurisprudence Three main insights of Dworkin’s theory of interpretation: “First, that interpretation strives to present its object in its best possible light. Second, that interpretation is essentially genre-dependent. And third, that there are certain constraints that determine the limits of possible interpretations of a given object.” Why the best light? Dworkin doesn’t really address this question in depth but claims that otherwise we are left with no way of justifying and choosing an interpretation or we are left with the author’s intention model, which we should reject. [Marmor doesn’t seem clear on what precisely it means to present something in its best light – seems to conflate it with most appealing light which, I take it, is different than what Dworkin has in mind.] “Dworkin is quite right to maintain that without having some views about the values inherent in the genre to which the text is taken to belong, no interpretation can take off the ground. The values we associate with the genre partly, but crucially, determine what would make sense to say about the text, what are the kinds of meaning we could ascribe to it.” There is no necessity for an interpretation to present an object in its best light with regards to the genre it is taken to be part of. Interpretations “could simply strive to present it in a certain light, perhaps better than some, worse than others, but in a way which highlights an aspect of the meaning of the text which may be worth paying attention to for some reason or another.” [What kind of reasons would count in choosing to present it in one light rather than another?] There is simply zero grounds for Dworkin’s assertion that we have no reason to pay attention to an interpretation that does not present it in its best light. Take a psychoanalytic interpretation of Hamlet, for example – not the best light, but a legitimate one. [This seems related to the next criticism – clearly Dworkin would have to loosen his insistence on the best, though not to detriment.] Moreover, especially with regards to art, it doesn’t appear possible to make an all things considered judgment about the best interpretation given the incommensurability of different values that are taken to inhere in a given genre. [Dworkin can respond here that we may have different available interpretations that could be justified with respect to the relevant value. Moreover, a lack of common denominator does not prevent any comparison whatsoever.] Constructive interpretation concerns social practices constituted by norms – it imposes a purpose or value rendering intelligible the normative character of the practice. There is a separate aspect of constructive interpretation that maintains that elements of the practice are sensitive to the point of the practice. It is important to note that different social practices will institutionalize themselves in different ways – thus, different practices will establish varying conditions on how the practice can be altered. The position of the positivists is that evaluative judgments concerning what the law should be are insufficient for determining what the law is given the nature of law’s institutionalization.&nb p; [This would seem to reside on a certain conception of law, i.e. an interpretation about where the value of law lies.] “[T]his being one of the main points of dispute between Dworkin and his positivist opponents, Dworkin cannot at this initial state presume law to be sensitive to its value in the manner that other, non-institutional practices might be, without incurring the charge of having assumed the very point at issue.” The upshot for Dworkin is that any explanation of a social practice such as law requires the same kind of reasoning as participation in that practice. This will be called the hermeneutic thesis. We can try to reconstruct a justification for this view based on the necessity of shared background assumptions – but this will not do since Dworkin’s claim is stronger: it contends that participants’ and theorists’ must “adopt one and the same normative point of view.” [The sense of normative here is unclear. It is true, though, that shared background assumptions do not imply viewing the law as valuable in any particular way, or at least it does not imply this in any strong sense.] Dworkin makes two distinct points with the hermeneutic thesis: “First, that the explanation of a social practice, like law or the arts, is essentially interpretative, and as such, necessarily value laden. Second, that the interpretation of such social practices, which Dworkin calls ‘argumentative’, is unique in the sense that the practice itself is an evaluative enterprise, and that therefore the interpreter of such a practice must form an evaluative judgment of her own about those values which are inherent in the practice that she purports to interpret.” [As stated, the first thesis is terribly ambiguous – for Dworkin, it clear implies a commitment to constructive interpretation. For Marmor, who accepts it, it is totally unclear what commitment he intends to make. He seems to mean simply that we have criteria for success concerning what counts as a successful explanation.] Mamor denies the second thesis. “What Dworkin seems to ignore here is that there is a crucial difference between forming a view about the values which are manifest in a social practice, like law, and actually having evaluative judgments about them.” [The problem, however, it that it is a contentious matter what values are part of the law – a theorist’s account of what values are constitutive of a particular legal system must rely on the kind of arguments which participants rely on. Of course, a theorist might simply note a debate about values and attempt to remain agnostic, but this will fail to be a full theoretical account of what law is!] Dworkin’s thesis seems to depend exclusively on his account of constructive interpretation. [This seems exactly right.] Chapter 4: Coherence, Holism, and Interpretation: The Epistemic Foundation of Dworkin’s Legal Theory Begins with discussion of Rawls’ reflective equilibrium. Sums up dual criticism as follows: “[T]he assumption that intuitions are independently true and the converse one, that their truth depends on fitting a coherent scheme, both seem to yield paradoxical results.” Dworkin, in his article “The Original Position”, claims that Rawls cannot commit himself to ethical realism. “[T]he natural model presupposes some form of ethical realism, while the constructive model does not. One important difficulty arising from an attempt to apply the natural model to Rawls is, that under the natural model, any theory which dopes not account for an intuition, at least for one which is held firmly, cannot be wholly satisfactory, just as scientific theory which does not account for certain observational data it is supposed to cover, would not be satisfactory in a familiar way.” Rawls, rather, is committed to a constructivist view of morality. Moreover, the reason we value coherence epistemically in moral theory is that it itself is a value of political morality – fairness requires consistency and publicity in the application of moral standards. Marmor notes the following problem with such a view: “[I]f coherence is justified, as it is here, with reference to certain moral values, that is, a specific conception of fairness, then we face the following problem: the presupposed values of fairness must themselves be based upon intuitive convictions, in which case the question of their truth cannot be ignored. If they are taken to be true…we are driven back to the perplexities of the natural model.” Discusses, helpfully, the Fish/Dworkin debate. The upshot is that Dworkin’s interpretive model is best off if it commits itself to a Quineian holism. However, this undermines his distinction between internal and external skepticism since holism must deny that moral judgments constitute a closed system. [This analysis seems exactly right.] Endorses Simmonds view that Dworkin’s theory does not meet the requirements of complexity he identifies as necessary to avoid vicious circularity in interpretive judgments of fit and identity. Coherence is doing the work through and through and therefore the interpretive theory of law is circular. [Will require further investigation, though it is unclear how coherence is doing any work in the pre-interpretive stage. At this stage, the judgments, if interpretive, seem to be derived from different sources. In any case, using coherence as a value seems to be highly suspect.] Why doesn’t Dworkin just reject Fish’s assumptions: because of his jurisprudence. “If legal texts can have a meaning that is not entirely dependent on a process of interpretation, then it is at least sometimes the case that the law can simply be understood, and applied, without the mediation of interpretation. And if that is the case, then the argument from interpretation against legal positivism collapses. It is no longer the case that every conclusion about what the law is, depends on evaluative considerations about what it ought to be.” Chapter 5: Semantics, Realism, and Natural Law Assessment of Michael Moore’s legal realism and its implications. [The final criticisms of Moore are not decisive.] Chapter 6: Constructive Identification and Razian Authority A consideration of Dworkin’s denial that the communication model of interpretation is appropriate for legal interpretation. Marmor argues that intentions do play a crucial role in the identification of legal norms in a way that is incompatible with Dworkin’s “coherence thesis”. Marmor takes Dworkin to be committed to the constructive identification thesis: that the identification of something as part of the legal, artistic, etc. genre can be done sufficiently by evaluative considerations. “Here, one must maintain that evaluative considerations are sufficient to determine whether something is a legal norm or a work of art”. [Fit, however, constrains possible evaluative considerations – thus evaluative considerations are not sufficient in themselves.] “Now the crucial point here is this: if you maintain the possibility of constructive identification in art, you must assume that works of art can be identified as such on the basis of certain features they happen to possess, features which contain no reference to any particular intention to create a work of art…unless we take intentions into account, how can we discriminate between the concept of an aesthetic artifact and the con ept of a work of art?” [It is unclear, and I think false, that constructive interpretation of anything requires identifying something irrespective of an artificers intentions. Those intentions may be relevant, dependent upon the genre under which we are trying to classify the object. Nothing, seemingly, about constructive interpretation in general excludes this possibility.] Marmor’s point is that it turns out to be impossible to identify art as art without reference to an artist’s intentions – especially given the state of contemporary art. [It is notable that Marmor’s response to counterexample implicitly depends upon a fully developed theory of aesthetics. His cursory comments on the matter of identifying art seem insufficient to say the least.] The rest of the chapter considers the incompatibility of Raz’s account of authority with constructive interpretation. The incompatibilities mentioned do not move beyond what Raz identifies in his article “Authority, Law and Morality”, but a defense of this notion of authority is defended in several [inconclusive] respects. [Raz and Marmor want to separate identification from content. This is not clearly a defensible separation.] Chapter 7: No Easy Cases? Chapter defends notion that there is a distinction between easy and hard cases in the positivist sense. Takes a Hartian approach and ultimately defends the distinction by associating it Wittgenstein’s conception of rule following. The point is that one need to look the purpose of rule in order to understand what the rule requires. Chapter 8: Legislative Intent and the Authority of Law Examines the following doctrine concerning the role of legislative intent in adjudication: “[F]irst, it would hold that laws, at least in certain cases, are enacted with relatively specific intentions, and that this is a matter of fact which is discernible through an ordinary fact-finding procedure. Second, that in certain cases the presence of such a fact, namely, that the law was enacted with a certain intention, provides judges with a reason to decide the legal dispute in accordance with the relevant legislative intent.” [It is important that for Marmor, interpretive strategies are only appropriate in hard cases. However, we should wonder what grounds positivism can offer for deciding a hard case in any manner which is not the morally best manner according to the judgment of the judge. There are no legal grounds, by definition, in hard cases and so what justificatory strategy would endorse any judicial decision except for the morally best one?] We can ascribe intentions to a legislative body, when this is possible at all, by taking the shared intentions of the majority, rather than some group intention, to be the significant intentions. Moreover, we should expect a good deal of consensus about intentions for otherwise it is hard to explain how legislative bodies are able to produce so much legislation. Discussion of kinds of intentions concludes as follows: “I have distinguished between three main types of intention that are potentially relevant from the legal point of view. Apart from the intentions that are manifest in the language of the law itself, legislators typically have further intentions in enacting a given law, and sometimes they would have certain intentions bearing on its proper application. I have also suggested that some of these further intentions may be essentially non-avowable, in which case they are rendered initially irrelevant. Finally, I have pointed out that considerations of consistency require that the legislator’s application intentions be taken into account only if, and to the extent that, they are in accord with his further intentions.” The manner in which intentionalism is to be justif ed relies on the distinction, Marmor maintains, between expert and mere collective action authority. “The point I wanted to make is strictly conditional: if, and only if, a certain law is justified on the basis of the expertise branch of the normal justification thesis, would it make sense to defer to the legislature’s intentions in the interpretation of the law, that is, to the extent that there is, in fact,; such an intention and it can clarify something that needs clarification.” Insofar as a legislature can be considered an expert on the matter requiring adjudication and interpretation should the body’s intention be taken into account. Chapter 9: Constitutional Interpretation Begins by laying out general necessary features of a constitution. Then Marmor moves on to consider general questions of constitutional legitimacy. First, he considers what grounds might be offered for the legitimacy of a constitution at all. He notes that the central question is what permits a single generation to bind future generations. He then examines four arguments to avoid this problem. The first is based on the moral legitimacy of the constitution; Marmor rejects this solution for the [truly dubious] reason that the constitution would make no practical difference because it would not supply reasons in addition to those provided by morality [but, presumably, the point is that these legally valid rules would be institutionally enshrined]. The second is based on the moral authority of the framers and Marmor rightly rejects this on the basis of the idealization of the framers it requires and less rightly on the basis that there cannot be moral authorities. Third is the “argument from interpretation” which claims that “as long as the particular content of the constitution is determined by its interpretation, and the authoritative interpretation at any time correctly instantiates the values which ought to be upheld in the community, the constitution would be morally legitimate”. The fourth is Raz’s which argues that a constitution is valid so long as its constraints are morally permissible because conventions of this type might aid the continuity of the legal system, i.e. it is important to have a convention of this type and the constitution is a kind of this type. Marmor appears to endorse these two approaches and concludes: “The conditions for the legitimacy of a constitution must comprise the following conditions. First, the values and principles enshrined in it must be morally permissible…Second, when certain choices are made in particular cases, they would be legitimate if they are either morally underdetermined, or else, morally correct…It follows from this that both arguments must assume that at least in those areas in which the constitution would make a moral difference, it can be interpreted to make the difference that it should, that is, according to the true moral principles that should apply to the particular case...the moral legitimacy of constitutions very much dependent on the practices of their interpretation. In other words, a great deal of the burden of moral legitimacy is shifted by these arguments to the application of the constitution, thus assuming that the constitution is legitimate only if the courts are likely to apply the constitution in a morally desirable way.” [This implies that the only significant value constitutions have is in providing a conventional practice where some such practice is required.] Moves on to argue that courts typically rely, and rightly so, on moral considerations when deciding constitutional issues because typically, in cases of the kind that reach the supreme or constitutional court, there is no law on the case. Much of this relies on his earlier discussion about the nature of interpretation in the law – that legal interpretation is always a matter of cha ging the law. (shrink)

Using the latest educational technologies and active methods of social activity development in future specialists in the educational space under today’s conditions is significantly complicated by existing levels of the object and subject studies of various patterns. The authors studied a wide range of foreign and domestic interdisciplinary works and models which describe the implementation of research methodology of the individual socialization process to study the development of specialists’ social activity. Also, the authors defined the relevant patterns (...) of students’ involving in socially significant activities due to the changes in value-motivational aspects at different stages of social activity development at the higher education institution. The structural and functional components are determined, and the research parameters specifying the changes of value-motivational factors of social activity development in future socionomy specialists are substantiated. The article provides empirical diagnostics of values among the students of socionomic professions within the sociological and pedagogical research of social activity with the participation of 610 students from four Ukrainian higher education institutions. The diagnostics was carried out by means of the shortened version of the “Portrait Questionnaire of Values - PVQ-Revised”. It has been found out that the development of social activity in future socionomy specialists is mainly related to changes in motivational aspects at different levels of generality and complexity; it includes such constructs as values, goals, behavior plans which require a qualitative analysis of social factors and identification of relevant patterns of students’ involvement in socially significant activities. (shrink)

Traditional theory of mind (ToM) accounts for social cognition have been at the basis of most studies in the social cognitive neurosciences. However, in recent years, the need to go beyond traditional ToM accounts for understanding real life social interactions has become all the more pressing. At the same time it remains unclear whether alternative accounts, such as interactionism, can yield a sufficient description and explanation of social interactions. We argue that instead of considering ToM and (...) interactionism as mutually exclusive opponents, they should be integrated into a more comprehensive account of social cognition. We draw on dual process models of social cognition that contrast two different types of social cognitive processing. The first type (labeled Type 1) refers to process es that are fast, efficient, stimulus-driven, and relatively inflexible. The second type (labeled Type 2) refers to processes that are relatively slow, cognitively laborious, flexible, and may involve conscious control. We argue that while interactionism captures aspects of social cognition mostly related to Type 1 processes, ToM is more focused on those based on Type 2 processes. We suggest that real life social interactions are rarely based on either Type 1 or Type 2 processes alone. On the contrary, we propose that in most cases both types of processes are simultaneously involved and that social behavior may be sustained by the interplay between these two types of processes. Finally, we discuss how the new integrative framework can guide experimental research on social interaction. (shrink)

This instalment is a reworking of the paper I gave at the meeting in Oxford in 2002 to a very small audience who I thank heartily for their patience and comments. I tried there to muse upon some ideas precipitated by reading two books by Jeremy Waldron, a legal philosopher whose work I find succeeds in being interesting and accessible without sacrificing technical content. I first came across his work whilst working on my PhD and was fascinated by his approach (...) and learning — even when I did not understand or agree with him. In one paper he made a point that struck a very important chord with me in relation to questions of participation within development:Philosophers who talk about rights should pay much more attention than they do to the processes by which decisions are taken in a community under circumstances of disagreement. Theories of rights need to be complemented by theories of authority, whose function it is to determine how decisions are to be taken when the members of a community disagree about what decision is right.I would like to suggest that within the Development Industry it is not only philosophers who need to pay more attention to these issues, but also development professionals who work with issues of governance as well as participation at the grass roots. This is not an obvious linkage, I admit, but one which I hope thisdiary entry will make clear.I will try to show that acknowledging disagreement within the legislative and judicial fields might actually be a positive move. And, as Waldron also indicates, that there is something dynamic and positive about the participation of people in processes. I will examine some current thinking on participation in development projects and ask whether current practices may be hindering the 'freedom to disagree'. I conclude that the failure to address some aspects of development practice relating to power and the possibility of disagreement is an issue. I highlight some factors which inhibit participation and suggest they flow from failures to develop strategies that foster local participation in contexts where local people often lack the formal' knowledge they need if they are to negotiate successfully with what James C Scott has called 'institutional privilege.'. (shrink)

BackgroundDuring a commercial surrogacy arrangement, the event of embryo transfer can be seen as the formal starting point of the arrangement. However, it is common for surrogates to undergo a failed attempt at pregnancy conception or missed conception after an embryo transfer. This paper attempts to argue that such failed attempts can be understood as a loss. It aims to reconstruct the experiences of loss and grief of the surrogates and the intended parents as a consequence of their collective failure (...) to conceive a surrogate pregnancy.MethodsDrawing on a qualitative study conducted over a period of eight months between 2014 and 2015 at two fertility clinics in Delhi and two in Kolkata, India, this paper examines the experiences of the surrogates and the intended parents when faced with missed conceptions or failed conceptions during a surrogacy arrangement.ResultsWe argue that while the surrogate grieves the non-arrival of a ‘good news’ as an uncertain loss, the intended parents experience yet another, failure in addition to the losses they might have incurred during their previous fertility treatments. The body of the surrogate becomes a site of ‘a lost opportunity’. The surrogate embodies a loss in her quest to achieve social mobility and the intended parents experience a disembodied pregnancy loss. This very emotional experience stands in stark contrast to the conceptualisation of such failed attempts as non-events within the discourse of the surrogacy industry. The experience of loss of the intended parents is recognised but their grief is given no space. We argue that such ambiguity around the nature of losses resulting out of a missed or failed conception during surrogacy is an outcome of lack of interpersonal relationship between the surrogate and the intended parents.ConclusionsSince commercial surrogacy is a relational process, the only way in which the experiences of losses and failures of the actors at the preconception stage can be better addressed is through developing close sharing and understanding between each other through an ethics of care. Therefore, to nurture caring relationships, surrogacy needs to be understood as a moral commitment by –the surrogates and intended parents. To enable such a commitment, there is a need to reconsider the pre-defined and legally regulated professional duty of the doctors, agents and agencies. It cannot be a one-sided commitment, but has to have elements of mutuality. (shrink)

The article investigates the mechanisms shaping a new quality of social development in contemporary Russia amidst growing societal challenges. Four key mechanisms are explored: mediation, social dialogue, polysubjectivity, and convergence. These are analyzed for their role in fostering novel forms of social integration and development. The mechanisms serve as tools for studying and shaping the current interplay between tradition and innovation, cultural stasis and social dynamics across various sociocultural contexts and transitional processes. The paper draws upon (...) works presented at the All-Russian Scientific Conference “Individualization and Collectivism in Contemporary Russian Society,” offering an original interpretation that synthesizes and structures these studies. Notable contributions include V.A. Lektorsky’s concept of “the supra-individual as social universality,” which advances our understanding of socio-individual meaning formation and transcends the individual-society dichotomy. A.A. Auzan’s analysis of the dual-core structure of Russian culture aptly captures the unique challenges of social development in Russia. O.V. Aksenova’s examination of the contradictory nature of social action subjects in an increasingly technologized society illuminates the complexities of balancing freedom with necessity, and uniformity with diversity in social action. V.M. Rozin’s approach is considered for its potential to facilitate mediational social dialogue in Russian society. The author argues that neither the individualistic nor the collectivist cores of Russian culture can independently drive effective modernization. Instead, the concept of convergence is proposed as a means to transcend the extremes of ego-individualism and totalitarian collectivism. Three primary directions for implementing convergent strategies are identified: synthesizing individual and social aspects in social action and dialogue, optimizing center-periphery interactions in governance, and developing public-private partnership models as a form of economic convergence. The study emphasizes the need for new forms of social integration and concludes that Russia’s sustainable social development requires an integrative socio-individual model, combining elements of individual freedom and collective solidarity. (shrink)

This study seeks to gain knowledge about key conditions in the process of digitalization using a socio-technical systems design as a theoretical framework and a case-study approach. Semi-structured interviews with 15 relevant stakeholders are conducted to learn about barriers to and enablers of the development and implementation process in a manufacturing company. After conducting a thematic analysis, eight higher-ranked themes relevant to the digitalization process are identified. These are grouped to describe the overarching phenomena, resulting in four (...) enablers and four barriers. The study takes a holistic view of digitalization in its investigation of the development and subsequent implementation processes. The findings contribute to the literature via three key takeaways for stakeholders of a digitalization process in manufacturing. First, it is vital to understand and strengthen the role of the key enablers identified in this paper. Second, managers should observe and identify barriers in their own organizations, related both to technical and social aspects. Third, some of the enablers described in this paper can serve managers as helpful tools to approach the expected barriers to digitalization. This paper also challenges the research literature by arguing that research conducted on digitalization that sets new standards and premises for the working life in industry needs to use up-to-date socio-technical design concepts and theories. (shrink)

Textbooks for social science research suggest that studies are necessarily grounded in foundational philosophies that shape the research process. However, the literature does not provide a consistent picture of how philosophical positions shape research, and few studies have investigated researchers’ own ideas about this process. This study aimed to classify researchers’ descriptions of how philosophical positions connect to aspects of the research process and to investigate metaphors used to describe these connections. From a sample of 1500 (...) journal articles, 73 papers were found that directly mentioned a philosophical position. The analysis found that philosophical positions are most often connected with study design and methodology, or with concepts and theories. The connections include that philosophical positions result in, support, match and result from aspects of the research process, and that philosophical assumptions could be inherent in methodologies and theories. Metaphorically, philosophical positions were a tool, path, location, support, resource, person and seeing. These classification frameworks can be used in future research to understand how researchers conceptualize philosophical positions and how this influences their decision making. (shrink)

The concept of judicial objectivity is a cornerstone of modern legal systems. This article discusses the interplay between the lexical uses of the concept of judicial objectivity in cases that review the judicial impartiality of the court. The data for this project is retrieved from a large sample of cases from Hungary, Italy, Lithuania, Slovakia, Slovenia, Spain and the UK. The analysis of the data shows that in the case of alleged judicial bias, the concept of (...) objectivity is referred to in order to justify a series of judicial activities. In particular, the study provides a strong indication of what Legrand called ‘pre-judices’, which are the cultural aspects that are embedded in the process of the professional socialisation of each legal system. (shrink)

Disorders of consciousness (DOC) are a family of related neurological syndromes characterized by deficits of varying degrees of wakefulness (e.g., sleep–wake cycles and arousal) or awareness (e.g., reacting to stimuli, interacting with the environment). Although coma rarely persists for more than a few weeks, some patients remain in a subsequent vegetative state or a minimally conscious state for months or years. Caring for patients with DOC raises ethical questions, but the perspectives of healthcare providers on these questions remain poorly documented. (...) We conducted a qualitative study involving healthcare providers with different backgrounds. Semistructured interviews were used to explore attitudes toward ethical issues. We found that contextual (e.g., time, resource allocation) and relational aspects (e.g., communication process, families) shaped how ethical challenges surfaced and were managed. We call for greater awareness of contextual, institutional and social aspects and focus on these issues in training programs. (shrink)

The notion of social belongingness has been applied to different scales, from individual to social processes, and from subjective to objective dimensions. This article seeks to contribute to this multidimensional perspective on belongingness by drawing from the capabilities and subjective wellbeing perspectives. The specific aim is to analyze the relationships between capabilities—including those related to social belongingness—and individual and social subjective wellbeing. The hypotheses are: There is a relationship between capabilities and individual and social subjective (...) wellbeing; The set of capabilities associated to individual subjective wellbeing differs from the set correlated to social subjective wellbeing; The intensity and significance of the correlation between subjective wellbeing and capabilities depends on whether the latter is measured as evaluation or functioning; and The relationships between capabilities and subjective wellbeing are complex and non-linear. Using a nationally representative survey in Chile, multiple linear and dose response matching regressions between capabilities and subjective wellbeing outcomes are estimated, confirming all hypotheses. Subjective evaluations and effective functionings of some capabilities are consistently correlated with both subjective wellbeing outcomes. Others capabilities are correlated with both subjective wellbeing outcomes only when measured as functionings, do not display a systematic pattern of correlation or are not associated with subjective wellbeing. When observed, correlations are sizable, non-linear, and consistent across estimation methods. Moreover, capabilities related to social belongingness such as “social ties” and “feeling recognized and respected” are important by themselves but also are positively correlated to both social and individual subjective wellbeing. These findings underscore the need of a multidimensional perspective on the relationships between capabilities and subjective wellbeing, considering both subjective and objective, as well as individual and social aspects that are relevant to belongingness. These findings also have practical and policy implications, and may inform public deliberation processes and policy decisions to develop capabilities, promote subjective wellbeing, and ultimately promote positive belongingness. (shrink)

In higher education, student learning satisfaction is a significant predictor of learning that indicates the commitment students have to their learning and future academic achievement. The study combines the social cognitive career theory and the stimulus-organism-response model to explore the psychological cognition and attitudes derived from students during their learning, discusses the pattern of student learning satisfaction enhancement from the aspect of process, and further understands the relationships among social support systems, interaction relationships, self-efficacy, generic skills, and (...) learning satisfaction. In this study, 800 valid copies of questionnaires were collected from 12 universities through purposive sampling, and the structural model was analyzed by partial least squares structural equation modeling. The results showed that the relationships among all the constructs were positive and showed a significant effect; furthermore, the research results showed that self-efficacy and student generic skills had a significantly indirect effect in the model—specifically, a mediating effect. Finally, corresponding theoretical and practical implications were put forward based on the research results. (shrink)

Artificial intelligence plays an increasingly important role in legal disputes, influencing not only the reality outside the court but also the judicial decision-making process itself. While it is clear why judges may generally benefit from technology as a tool for reducing effort costs or increasing accuracy, the presence of technology in the judicial process may also affect the public perception of the courts. In particular, if individuals are averse to adjudication that involves a high degree of (...) automation, particularly given fairness concerns, then judicial technology may yield lower benefits than expected. However, the degree of aversion may well depend on how technology is used, i.e., on the timing and strength of judicial reliance on algorithms. Using an exploratory survey, we investigate whether the stage in which judges turn to algorithms for assistance matters for individual beliefs about the fairness of case outcomes. Specifically, we elicit beliefs about the use of algorithms in four different stages of adjudication: (i) information acquisition, (ii) information analysis, (iii) decision selection, and (iv) decision implementation. Our analysis indicates that individuals generally perceive the use of algorithms as fairer in the information acquisition stage than in other stages. However, individuals with a legal profession also perceive automation in the decision implementation stage as less fair compared to other individuals. Our findings, hence, suggest that individuals do care about how and when algorithms are used in the courts. (shrink)

We discuss the important, but greatly under-researched, topic of the social aspects of human wayfinding during navigation. Wayfinding represents the planning and decision-making component of navigation and is arguably among the most common, real-world domains of both individual and group-level decision making. We highlight the myriad ways that wayfinding by people is not a solitary psychological process but is influenced by the actions of other people, even by their mere presence. We also present a novel and comprehensive framework (...) for classifying wayfinding in complex environments that incorporates the influence of other people. This classification builds upon the premises of previous wayfinding taxonomies and is further structured into four parts based upon (1) the nature of the interaction between the actors and (2) the time frame in which the interaction takes place. We highlight gaps in our current understanding of social wayfinding and outline future research opportunities. (shrink)

In recent years, dozens of human rights non-governmental organizations (NGOs) across the globe have begun to advocate for economic and social rights, which represents a significant expansion of the human rights movement. This article investigates a central strategy that NGOs have pursued to realize these rights: legalization. Legalization involves specifying rights as valid legal rules and enforcing them through judicial or quasi-judicial processes. After documenting some of the progress made toward legalization, the article analyzes five unique challenges (...) involved in legalizing economic and social rights. It is important to identify these challenges because they must be overcome if the human rights movement wishes to refute the notion that economic and social rights are inherently non-justiciable (and therefore, to some, invalid as rights). These challenges also point to the possibility that legalization is not the only, or even the best, strategic pathway to realize economic and social rights effectively. (shrink)

In this paper the author discusses the legitimation of judicial review of legislation. He argues that such a legitimation is not just a moral matter but is to be considered more generally in terms of societal acceptability, since it is based on a wide range of reasons including moral, social and pragmatic concerns. Moreover, the paper stresses that the legitimation of judicial decisions should be properly viewed in a circular perspective, so that the relationship between legislators and (...) judges cannot be reduced to an absolute supremacy of those who are democratically elected over those who apply the law. On the contrary, the law is constantly made, adapted and developed in legal practice and legal decisions are basically legitimated through several processes of deliberative communication. (shrink)

The 1860s—the epoch of great reforms—brought to Russia a remarkable assortment of official actions that emancipated the serfs, liberalized the judicial system, created zemstva as experiments in limited local self‐government, granted universities an unprecedented scope of academic autonomy, and dramatically enlarged the number of young Russians enrolled in the leading Western universities in search of higher degrees in the sciences. These and similar reforms created an atmosphere favoring women's access to professional positions and contributing to the removal of the (...) harshest aspects of the lingering patriarchal system.Ann Hibner Koblitz's book offers a richly documented and judiciously analyzed portrayal of the widening scope of Russian women's active participation in the professional life of the nation. The book's analysis operates on two levels: the general dynamics of the rising social pressure to expand the range of professions open to women, and the personal experiences of individual women selected for special analysis. Koblitz is fully aware that the process of the emancipation and professional advancement of women was occasionally disrupted by adverse shifts in government policies. Concentrating primarily on the 1860s, this book makes many references to subsequent developments and provides enough documented information to create an adequate picture of the state of women's emancipation and professional employment during the waning decades of the nineteenth century.As might have been expected, Koblitz devotes the most interesting and penetrating analysis to the life and work of the mathematician Sofia Kovalevskaia, the brightest star in the emancipation movement and a most respected model of high professional aspiration and achievement. Inspired by the philosophy and ideology of the Nihilist movement of the 1860s, Kovalevskaia decided to enter the challenging world of science, specializing in mathematics, the queen in the world of scientific thought. The Nihilists made the idea of close interdependence of science and democracy a pivotal point of their ideology. Encouraged and guided by the well‐known German mathematician Karl Weierstrass of Göttingen University, Kovalevskaia published a series of mathematical papers that attracted wide professional attention. Henri Poincaré, a leading mathematical physicist, referred to the paper that brought her the Prix Bordin from the Paris Academy of Sciences as a “celebrated memoir.” The Petersburg Academy of Sciences elected Kovalevskaia an honorary member, the first woman to receive such a high honor—she was not, however, allowed to work for a magisterial degree in Russia, a requirement for university employment.Koblitz shows that despite compounded obstructions on the path to professional achievement, women's gains in Russia were equal to those in the West. Her study provides solid information and cogent comments on the historical background and the educational role of the higher courses for women established in all major cities. Women, however, had less difficulty in acquiring higher education than in finding employment commensurate with their professional qualifications. Their employment by institutions devoted to scientific research was almost always at the level of auxiliary personnel. I. P. Pavlov's main laboratory showed that even at this level there were women who not only manifested originality in experimental work but also published advanced scientific papers. In his classic volume on the development of the theory of conditioned reflexes, Pavlov referred to the publications of eleven women.This book is welcome as the first solid effort to draw a general picture of the multiple ramifications of the ascent of Russian women to professional positions in science. It also contributes to a better understanding of the growing movement in favor of broader participation by women in the full spectrum of professional activities. This book is a rich source of topics for special studies. (shrink)

This paper examines voluntary corporate social responsibility (CSR) reporting as a form of moral discourse. It explores how alternative stakeholder perspectives lead to differing perceptions of the process and content of responsible reporting. We contrast traditional stakeholder theory, which views stakeholders as external parties having a social contract with corporations, with an emerging perspective, which views interaction among corporations and constituents as relational in nature. This moves the stakeholder from an external entity to one that is integral (...) to corporate activity. We explore how these alternative stakeholder perspectives give rise to different normative demands for stakeholder engagement, managerial processes, and communication. We discuss models of CSR reporting and accountability: EMAS, the ISO 14000 series, SA8000, AA1000, the Global Reporting Initiative, and the Copenhagen Charter. We explore how these models relate to the stakeholder philosophies and find that they are largely consistent with the traditional atomistic view but fall far short of the demands for moral engagement prescribed by a relational stakeholder perspective. Adopting a relational view requires stakeholder engagement not only in prescribing reporting requirements, but also in discourse relating to core aspects of the corporation such as mission, values, and management systems. Habermas’ theory of communicative action provides guidelines for engaging stakeholders in this moral discourse. (shrink)

Recently, the idea that all rights are positive and costly has come to prominence in international human rights law. This has been taken to imply that there are no reasons to object to providing economic, social, and cultural rights with the same level of protection than civil and political rights. The present contribution aims to reject this undifferentiated view. It argues that even if it is accepted that all rights are in a sense positive and costly, there are still (...) strong grounds for finding the welfare implications of human rights problematic from the perspective of adjudication. (shrink)

The book contains critical analyses of injustice in connection to law and ethics, and develops normative alternatives linked to justice. It covers the relevant issues from social justice to cyber justice. The chapters address issues and concepts which guideline on social innovations, transformations inherent in democratizing processes, global conflicts and other interactions, including the ultimate danger of escalation to war conflicts, be they conventional wars or new cyberwars.--From publisher's website.

This book validates the claim that the process of reproduction of social inequalities in teacher education is not a perfect, static process, but on the contrary, the real “seeds of transformation” within teacher education departments are abundant.

Social media plays an important role in forming, maintaining, and reproducing norms and practices (Flanagan et. al 2008). Content shared on social media has the power to reaffirm certain norms and practices merely by being shared (Caldeira et al., 2018; Burns, 2015; Krijnen & Van Bauwel, 2015). When it comes to questions of identity and questions surrounding representation of certain identity groups in the media, social media content is often taken to play a significant role in the (...) constitution of certain identities (Haimson, 2018, 2021; Frissen et al., 2015; Eickers & Rath, 2021). This chapter specifically explores the role social media plays in trans peoples’ transitioning processes. Transitioning, as understood here, can be social – e.g., performing gender differently via clothing or behavior, using a different name or pronouns – and legal – e.g., changing one’s gender category on formal identification documents, official name changes, and medical – e.g., undergoing hormone replacement therapy or other gender-affirming medical care like gender-reassignment surgeries. Transitioning can encompass all or any combination of these aspects (Bettcher, 2009, 2017). The chapter homes in on the impact that the representation of trans people on social media has on the transitioning processes. Here, questions around bodies and their representation through and with technologies and increasing digitization emerge. One might ask, for example, whether representation on social media platforms facilitates someone’s discovery of their gender identity and/or supports their coming to terms with it. This kind of representation may also provide people before or in transitioning processes with different ways to conceive of their future self. There are numerous social media accounts of trans people documenting their transitioning processes (Horak, 2014; Gauthier & Chaudoir, 2004). Displaying one’s own gender transition online may not only be important to some trans people because they feel like it makes a difference for the community, it may also become a vital part of the transitioning process itself, influencing and shaping the way the transition is taking place (Rawson, 2014; McInroy & Craig, 2015). Indeed, the representation of trans people on social media matters to trans communities and trans individuals because, by seeing images and perceiving narratives of trans people, one might, first, conceive of the possibility of one’s existence as a trans person, including the possibility of embodying another gender, and, second, think of the possibility of representing oneself (as a trans person) too (Cavalcante, 2016; Cannon et al., 2017). Accordingly, this chapter argues that social media can be viewed as a form of corporeal technology that is involved in transitioning processes. Social media can help the individual to reconceive their identity by means of representing themselves to themselves and others online. (shrink)

Purpose. The study seeks to clarify the preconditions for moral and legal decision-making based on the identification of axiological foundations that correlate with the moral perceptions of good and evil and psychological phenomena such as emotions. Theoretical basis of the study is to apply comparative, axiological, systemic methods. This methodological approach allows us to analyze and disclose the essence of the process of moral and legal decision-making on the basis of certain axiological prerequisites and enables to substantiate the connection (...) between the axiological and psychological aspects of taking moral and legal decisions. Originality of the work is to broaden the perceptions of the processes and mechanisms for making moral and legal decisions, which are based on the axiological dimension, in particular on the system of reference individual and social values. The study shows that every necessary moral and legal decision taken by a person is futurologically balanced in the emotional sense, rationally reasoned and morally perceptible in the context of man’s beliefs about good and evil, and realized with necessity in the personal system of reference values that determines the style and manner of individual and social behaviour in the context of material and spiritual values and is an axiological foundation for making all types of moral and legal decisions. Conclusions. Moral and legal decision-making is a social process that is connected with such a social essence of a person as rationality, which gives an opportunity to act axiologically. A person makes moral and legal decisions in a complex way, based on the unity of the moral, axiological and psychological aspects of his worldview, which are grounded on the system of reference values. (shrink)