Social interaction and the constitution of mediated and nested space in the court of appeal -- Conclusion -- Concluding remarks: On becoming juridical -- Ways of spacing law and politics -- Becoming juridical -- Towards hybrid juridical spaces -- References -- Index.

With places at nursery school promised for every child above the age of four, this book raises the stakes by looking at the quality of what is provided, and how that compares to what should be provided. Beyond Quality In Early Childhood Education and Care challenges received wisdom and the tendency to reduce philosophical issues of value to purely technical issues of measurement and management. In its place, it offers alternative ways of understanding early childhood, early childhood institutions and pedagogical (...) work. The book places issues of early childhood into a global context and relates them to writers from many fields. Drawing on work with aboriginal peoples in Canada, on the experience of Reggio-Emilia in Italy and on a project in Stockholm inspired by Reggio, the book considers the implications of these alternative ways of understanding, for practice and a reconceptualization of early childhood education and care. (shrink)

Human science researchers tend to be targeted for critique on the grounds that their approach is too individualistic to take due cognisance of societal and political influences. What is accordingly advocated is that the phenomenological and so-called romantic theories should be abandoned in favour of analytic or continental theories that have as their main focus the system, the group, the society, and the various influences of the social world on the existential reality of the individual.

Starting from a phenomenological understanding of the body, this article discusses the understanding of body awareness in health and illness. I question the common way to understand our relationship to our bodies in terms of subjective and objective perspectives on it, and furthermore, how this opposition has been used in the phenomenological literature to outline an understanding of health and illness as states where the body stays unnoticed versus resurfaces to our attention as dysfunctional. Using examples from an ongoing interview (...) study, I argue for an understanding of the dialectical interplay between body and world in our awareness, and how it can be understood as an approaching or distancing movement to body and world. I furthermore describe how the interplay between body and world effects and is effected by our existence in health and illness. Finally, I suggest what implications this new way of understanding the lived body has for health care practice in general, and for the development of a person‐centred care in particular. I suggest that we leave the dichotomous understanding of subjective and objective perspectives behind, and start to investigate how we move between different kinds of body awareness in health and illness. Illness, as a situation where that which has been taken for granted becomes questioned, can be said to be characterized by mistrust, and by a distancing from world and body. It is thus of importance for caregivers to provide the time, space and trusting atmosphere needed in order to make the approaching movement possible. (shrink)

What this book is about -- Theoretical perspectives : modernity and postmodernity, power and ethics -- Constructing early childhood institution : what do we think it is? -- Constructing the early childhood institution : what do we think they are for? -- Beyond the discourse of quality to the discourse of meaning making -- The stockholm project : constructing a pedagogy that speaks in the voice of the child, the pedagogue and the parent -- Pedagogical documentation : a practice for (...) reflection and democracy -- Minority directions in the majority world : threats and possibilities. (shrink)

Agricultural research raises fundamental ethical and value questions going beyond those in other fields both because of its public funding and because its results have significant impacts on habitats and other species. Questions about the sustainability of modern agriculture, which are shared with other sectors, require us to examine alternative visions and structures. These can be seen to range from status quo preserving ideologies to change-oriented utopias. It is argued that at the national level current ideologies—which include positivistic approaches and (...) belief in the neutrality of technology—mask real structural and policy choices as well as their ethical and value implications. At the international level, the export of fossil-fuel based modes of agriculture to the developing countries raises additional structural, policy, value, and ethical issues. (shrink)

The Division of Investigative Oversight within the U.S. Office of Research Integrity (ORI) is responsible for conducting oversight review of institutional inquiries and investigations of possible research misconduct. It is also responsible for determining whether Public Health Service findings of research misconduct are warranted. Although ORI findings rely primarily on the scope and quality of the institution’s analyses and determinations, ORI often has been able to strengthen the original findings by employing a variety of analytical methods, often computer based. Although (...) ORI does not conduct inquiries or investigations, it has broad authority to provide assistance to institutions at all stages of their reviews of allegations. This assistance can range from providing advice on best practices, to legal assistance, to suggestions for how best to investigate specific allegations. When asked, ORI can also conduct certain forensic analyses, such as a statistical examination of questioned digits or a simple examination of a questioned figure in Photoshop. ORI will not provide opinions or render judgment on such analyses while the institution is still conducting its investigation. Such analyses can be done without knowing much else about the case. (shrink)

The twentieth century saw a vigorous debate over the nature of rights. Will theorists argued that the function of rights is to allocate domains of freedom. Interest theorists portrayed rights as defenders of well-being. Each side declared its conceptual analysis to be closer to an ordinary understanding of what rights there are, and to an ordinary understand- ing of what rights do for rightholders. Neither side could win a decisive victory, and the debate ended in a standoff.

forthcoming in Philosophy & Public Affairs [2008].

Rights dominate most modern understandings of what actions are proper and which institutions are just. Rights structure the forms of our governments, the contents of our laws, and the shape of morality as we perceive it. To accept a set of rights is to approve a distribution of freedom and authority, and so to endorse a certain view of what may, must, and must not be done.

This is a new analysis of rights, particularly of the paradigm: the claim-right. The new analysis makes better sense of rights than the leading alternatives do. The new analysis handles all of the well-known counterexamples to the Will and Interest theories; it seems not to generate counterexamples of its own; and it solves many long-standing puzzles in the theory of rights. Moreover, the central concepts of the new theory are as salient and forceful as are rights themselves.

Recent research on genetic and biological diversity suggests that they underlie, and are the source of renewable resources--which are themselves more fundamental than non-renewable resources. If this is the case, then our understandings of the "limits to growth" debate will need modification and current approaches to development--in both the industrial countries and in the Third World--will need reconceptualization. A major part of this will involve a reversal of roles and priorities for agricultural and industrial development. Also, more sustainable/regenerative types of (...) agriculture and food systems will need to be developed. Current explorations along these lines are briefly reviewed. Finally, the links between this and the wider need to develop more sustainable societies are examined. (shrink)

Japanese pop idols occupy an ambiguous position in the broader popular music landscape, straddling a line between fiction and non-fiction, simultaneously characterological yet physically instantiated. As idealized representations of the girl or boy next door, idols serve as both ‘image characters’ who can be used to sell a variety of products, as well as ‘quasi companions’ meant to provide fans with a manufactured sense of intimacy. Using a joint quantitative and qualitative approach, this article analyses the lyrics of female idol (...) groups. Specifically, I demonstrate how the combination of first- and second-person pronouns and sentence-final expressions are utilized to construct both female-coded and male-coded gendered personae, revealing that idol lyrics engage in the process of cross-gender performance. As a result, through their performance of these personae, female idol groups explicitly reinforce a binary imagination of normative gender expressions, allowing such idol groups to capitalize on idealized heterosexual adolescence through affective resonance and nostalgia. (shrink)

The principle of openness is central to human science approaches to research where the researcher becomes closely involved with the phenomenon under study. This article addresses both the practical and theoretical challenges that confront the researcher who seeks to be open. It also clarifies the meaning of the concept of openness and considers its relationship to the ideal of objectivity. Openness, it is argued, is neither an enduring state nor a trait but requires an ongoing struggle and has different forms (...) at various stages in the research process. Integral to this process is the experience of "being in the dark" which makes it especially difficult for the researcher to remain open. Various ways of managing this experience are presented. (shrink)

The study reported in this paper focused on nursing students' learning and, in particular, their integration of caring science in theory and practice. An educational model incorporating educational drama was developed for implementation in three different teaching contexts within the nursing and midwifery study programmes at a Swedish college. A central aim was to understand the dynamics of educational drama in the healthcare context and its impact on learning and teaching. Using a phenomenological approach, seventeen students and six teachers were (...) interviewed and their experience of drama as an educational method explored.The research findings illustrate the meaning of learning and teaching that is sensitive to students' lifeworld experiences. In order to be a successful method for closing the gap between caring science theory and practice, not only the educational drama, but teaching in general, must be anchored in the lived world of the students - that is, their experiences of health and care. While embodied reflection, as a key factor in integrating theory and practice, was shown to be well supported by educational drama, it was also found that "the method" tends too readily to take over and govern teaching and learning. The findings of this study further indicate how learning in practice and embodied reflection can be supported by the inclusion of well-chosen caring science theory to cast light on caring practice dilemmas. (shrink)

The premise of this article is that technologies are not neutral in terms of their design objectives, their scale, and the fact that they reflect the physical and social environments in which they have developed. Specific agricultural technologies, the midwestern plow, the California tomato harvester, and various biotechnologies, are evaluated in these terms and shown to have generally predictable impacts upon rural regions and farmers. Finally, the article examines a series of major threats such as climate change that require the (...) rethinking and restructuring of agriculture along more sustainable lines, something the can be accomplished only with a conscious recognition of the non-neutrality of technologies. (shrink)

This lavishly illustrated book establishes the towering influence of the scientist Victor Regnault in the earliest decades of photography, a period of experimentation ripe with artistic, commercial, and scientific possibility. Regnault has a double significance to the early history of photography, as the first leader of the Société Française de Photographie and as the maker of more than two hundred calotype portraits and landscapes. His photographic and scientific careers intersected a third field with his appointment in 1852 as director of (...) the Sèvres porcelain works. Readers are treated to Regnault's own beguiling pastoral, garden, and forest scenes; striking portraits of the scientists and artists in his circle of friends; quirky images of acoustic experiments; and an insider's view of the Sèvres porcelain works. Regnault's richly varied photographs also encompass perhaps the most extensive group of family portraits in early photography, and his romanticized landscapes reflect a moment when the rural outskirts of Paris were being aggressively suburbanized and industrialized. Occupying a unique and powerful position in the overlapping spheres of photography, science, industry, and art, Regnault was elected president of the newly formed S.F.P. in 1855. By examining his intertwined activities against the backdrop of French photography's nascent pursuit of institutional legitimacy, this book illuminates an important and overlooked body of images and the irregular cultural terrain of early photography. (shrink)

This chapter contains section titled: Justice as Fairness Rawls and the Cosmopolitan Egalitarians The Puzzle of Rawls's Rejection of Global Egalitarianism Rawls's Fundamental Norm of Legitimacy Why Rawls is not a Cosmopolitan Why Rawls is not a Global Egalitarian The Impossibility of Pure Cosmopolitanism Conclusion Notes.

All of these claims for reparations have mobilized popular support, and all share a degree of intuitive plausibility. The challenge to the theorist is to judge whether and which of such demands are grounded in sound principles of political normativity, so as to be able to select out the valid claims and to measure how the urgency of these claims compares with other demands on the public agenda. The most basic question for those considering the justifications of reparations is how (...) to orient their theories within the space of reasons. Do valid claims for reparation rest at the deepest level on reasons we have for redressing a past injustice? Or do they rather rest on reasons we have to improve our current relations so that we can get along better in the future? Are valid reparative demands backward- or forward-looking? (shrink)

justice as fairness envisions a society of free citizens holding equal basic rights cooperating within an egalitarian economic system. His account of political liberalism addresses the legitimate use of political power in a democracy, aiming to show how enduring unity may be achieved despite the diversity of worldviews that free institutions allow. His writings on the law of peoples extend these theories to liberal foreign policy, with the goal of imagining how a peaceful and tolerant international order might be possible.

Although Professor Lewin is not testing existing views that, for people in politics, 'egoism rules' on deep theoretical grounds, he strongly argues that empirical facts do not support such views and thus opens a new chapter in the debate on ...

In this paper we offer an appreciation and critique of patient-led care as expressed in current policy and practice. We argue that current patient-led approaches hinder a focus on a deeper understanding of what patient-led care could be. Our critique focuses on how the consumerist/citizenship emphasis in current patient-led care obscures attention from a more fundamental challenge to conceptualise an alternative philosophically informed framework from where care can be led. We thus present an alternative interpretation of patient-led care that we (...) call ‘lifeworld-led care’, and argue that such lifeworld-led care is more than the general understanding of patient-led care. Although the philosophical roots of our alternative conceptualisation are not new, we believe that it is timely to re-consider some of the implications of these perspectives within current discourses of patient-centred policies and practice. The conceptualisation of lifeworld-led care that we develop includes an articulation of three dimensions: a philosophy of the person, a view of well-being and not just illness, and a philosophy of care that is consistent with this. We conclude that the existential view of well-being that we offer is pivotal to lifeworld-led care in that it provides a direction for care and practice that is intrinsically and positively health focused in its broadest and most substantial sense. (shrink)

What morality requires of us in a world of poverty and inequality depends both on what our duties are in the abstract, and on what we can do to help. T.M. Scanlon's contractualism addresses the first question. I suggest that contractualism isolates the moral factors that frame our deliberations about the extent of our obligations in situations of need. To this extent, contractualism clarifies our common-sense understanding of our duties to distant others. The second, empirical question then becomes vital. What (...) we as individuals need to know is how to fulfil our duties to the distant poor. Moral theorists tend to base their prescriptions on simple assumptions about how the rich can help the poor. Yet a survey of the empirical literature shows how urgently we need more information on this topic before we can know what contractualist morality — or any plausible morality — requires of us. Key Words: Scanlon • contractualism • global justice • global poverty • aid effectiveness. (shrink)

This article evaluates what Scanlon has written on contractualism from the perspective of the theory of rights. It asks: where are the rights within contractualism? And: where is contractualism within the space of rights? Scanlon’s discussions and omissions show the urgency of aligning contractualism with an adequate analysis of rights. Topics include what rights are, how to tell who has them, and the importance of thinking about the power to change them.

Leif Wenar examines the impact on takings scholarship of the redefinition of "property" early in the twentieth century. He argues that the Hohfeldian characterization of property as rights (instead of as tangible things) forced major scholars such as Michelman, Sax, and Epstein into extreme interpretations of the Takings Clause. This extremism is unnecessary, however, since the original objections to the idea that "property is things" are mistaken.

Concerns over aid effectiveness have led to calls for greater accountability in international development aid. This article examines the state of accountability within and between international development agencies: aid NGOs, international financial institutions, and government aid ministries.

This article argues that the algorithms known as neural nets underlie a new form of artificial intelligence that we call indexical AI. Contrasting with the once dominant symbolic AI, large-scale learning systems have become a semiotic infrastructure underlying global capitalism. Their achievements are based on a digital version of the sign-function index, which points rather than describes. As these algorithms spread to parse the increasingly heavy data volumes on platforms, it becomes harder to remain skeptical of their results. We call (...) social faith in these systems the naive iconic interpretation of AI and position their indexical function between heuristic symbol use and real intelligence, opening the black box to reveal semiotic function. (shrink)

Philosophy &Public Affairs, Volume 51, Issue 3, Page 195-233, Summer 2023.

The resource curse impedes core interests of importing states, while the policies of these states drive the resource curse. These policies violate importing states' existing international commitments.

Recent research suggests that many microfinance institutions increasingly focus on financial performance at the expense of the social component of their dual objectives. Existing studies typically assume that capital providers and managers mainly drive this so-called mission drift. In this study, we investigate whether ‘personal mission drift’ at the credit officer level can further explain the reduced emphasis on poorer clients among microfinance institutions. We present both qualitative and quantitative evidence that more experienced credit officers tend to serve fewer vulnerable (...) clients. Specifically, we show that all else being equal, credit officer experience is negatively correlated with the provision of small loans, loans to young clients, and loans to clients with disabilities. Our qualitative analysis suggests that perceived client risk and preferences for increased time efficiency mainly drive more experienced credit officers’ relative neglect of more vulnerable clients. This drift appears to be reinforced by the industry’s incentive schemes. Therefore, credit officer incentives and training should be designed to prevent this mission drift, which is observed at the microfinance institution level but is actually initiated at the credit officer level. (shrink)

This article examines Rawls's and Scanlon's surprisingly undemanding contractualist accounts of global moral principles. Scanlon's Principle of Rescue requires too little of the world's rich unless the causal links between them and the poor are unreliable. Rawls's principle of legitimacy leads him to theorize in terms of a law of peoples instead of persons, and his conception of a people leads him to spurn global distributive equality. Rawls's approach has advantages over the cosmopolitan egalitarianism of Beitz and Pogge. But it (...) cannot generate principles to regulate the entire global economic order. The article proposes a new cosmopolitan economic original position argument to make up for this lack in Rawls's Law of Peoples. (shrink)

This article presents a unifying interpretation of Rawls’s major works. The interpretation emphasizes the parallels in Rawls’s theories of justice and legitimacy for domestic and global institutions.