In this Article I argue that the reductionism of global models of constitutional rights is problematic. Despite how they are labelled, these theories are typically modelled on the domestic constitutional law of an exclusive group of Western countries. The criteria for selecting these countries are not usually clearly or satisfactorily articulated. They then go on to present a simplistic version of the domestic constitutional law of the countries they are describing. The combined effect of these analytic moves raises questions about (...) what is lost in the process, and in particular, whether these frameworks allow for adequate recognition of the claims of those seeking – and achieving – social change within a constitutional democracy. Drawing on insights from critical legal studies, and in particular scholars who seek the decolonization of constitutional law, I argue that the utility of global theories of constitutional rights depends on their ability to recognize and give voice to the forces of social change. Otherwise, they risk being descriptively inaccurate and even damaging to the broader causes they seek to advance. (shrink)

The essay responds to a challenge posed by Vanessa MacDonnell and examines the question of stability and change under the global model of constitutional rights. Constitutionalism offers the promise of both stability and justice, but it may seem that there will often be a tension between these values. While some have accused the global model, and in particular proportionality, of overemphasizing justice at the cost of stability, MacDonnell claims that it underemphasizes the necessity of social change. In (...) this response, I argue that in the long run the push for social change and towards justice can be realized only when there is also a certain stability, namely the stubborn democratic insistence that any state action must be reasonably justifiable to those affected by it in terms of their freedom and equality. This conviction lies at the core and will be reinforced by the endorsement of the global model of constitutional rights. (shrink)

MACDONNELL JA. Nursing Inquiry 2011; 18: 313–324 Gender, sexuality and the participatory dimensions of a comparative life history policy studyIn this paper, I explore how a critical feminist lens was a crucial element in creating a participatory policy study which used a qualitative design and comparative life history methodology. This study focused on Canadian nurses’ political practice related to advocacy for lesbian health. Findings show that the combination of the gender lens and life history approach offers potential to create (...) knowledge in ways aligned with health‐promoting and emancipatory outcomes. However, the nature of participation and interaction by researcher and participants is contexualized and contested given complex dynamics of power that shape all aspects of this doctoral study process. The critical feminist lens with its focus on reflexivity informed the content and process of knowledge production in this study and shaped key turning points: the ways in which this policy study was conceptualized, the choice of comparative life history methodology, ethical considerations, data collection and analysis and representation of findings. Life history is unlikely to be the methodology that first comes to mind when undertaking a policy study. Its historical roots are associated with biographical, oral history and narrative approaches, which typically aim to elicit understanding of lived experience. Yet, it was this very aspect, this focus on lived experience, which rendered life history methodology fitting as I contemplated how to examine the relationship between nurses and policy. I was interested in understanding nurses’ political practice, how policy influenced nurses’ capacity to advocate in their everyday lives, as well as nurses’ impacts on policy processes and their larger social worlds. (shrink)

Moral distress has been well reviewed in the literature with established deleterious side effects for all healthcare professionals, including nurses, physicians, and others. Yet, little is known about the quality and effectiveness of interventions directed to address moral distress. The aim of this integrative review is to analyze published intervention studies to determine their efficacy and applicability across hospital settings. Of the initial 1373 articles discovered in October 2020, 18 were appraised as relevant, with 1 study added by hand search (...) and 2 after a repeated search was completed in January and then in May of 2021, for a total of 22 reviewed articles. This review revealed data mostly from nurses, with some studies making efforts to include other healthcare professions who have experienced moral distress. Education-based interventions showed the most success, though many reported limited power and few revealed statistically lowered moral distress post intervention. This may point to the difficulty in adequately addressing moral distress in real time without adequate support systems. Ultimately, these studies suggest potential frameworks which, when bolstered by organization-wide support, may aid in moral distress interventions making a measurable impact. (shrink)

Nietzsche coins the enigmatic term homo natura to capture his understanding of the human being as a creature of nature and tasks philosophy with the renaturalisation of humanity. Following Foucault's critique of the human sciences, Vanessa Lemm discusses the reception of Nietzsche's naturalism in philosophical anthropology, psychoanalysis and gender studies. She offers an original reading of homo natura that brings back the ancient Greek idea of nature and sexuality as creative chaos and of the philosophical life as outspoken and (...) embodied truth, perhaps best exemplified by the Cynics' embrace of social and cultural transformation. (shrink)

The animal in Nietzsche's philosophy -- Culture and civilization -- Politics and promise -- Culture and economy -- Giving and forgiving -- Animality, creativity, and historicity -- Animality, language, and truth -- Biopolitics and the question of animal life.

Abstract It would be puzzling if the morally best agents were not so good after all. Yet one prominent account of the morally best agents ascribes to them the exact motivational defect that has famously been called a “fetish.” The supposed defect is a desire to do the right thing, where this is read de dicto . If the morally best agents really are driven by this de dicto desire, and if this de dicto desire is really a fetish, then (...) the morally best agents are moral fetishists. This is puzzling. I resolve the puzzle by showing that on a proper understanding of the interaction between de dicto and de re moral motivation, it is not only not fetishistic, but quite possibly desirable, to be motivated by a de dicto desire to do the right thing. My argument relies partly on an appeal to a non-buck-passing account of moral rightness, according to which rightness is itself an additional reason-giving property over and above the right-making properties of an action. If this account of moral rightness is correct, then we would expect the morally best agents to exhibit de dicto moral motivation. However, since their de dicto desire acts in concert with de re desires, there is no reason to consider it a fetish. Content Type Journal Article Pages 1-19 DOI 10.1007/s11098-011-9825-z Authors Vanessa Carbonell, Philosophy Department, University of Cincinnati, P.O. Box 210374, Cincinnati, OH 45221-0374, USA Journal Philosophical Studies Online ISSN 1573-0883 Print ISSN 0031-8116. (shrink)

O governo das diferenças e a potência da vida surda na escola Resumo: É urgente afirmar a surdez como acontecimento ontológico, produtor de diferenças, as quais se materializam no corpo dos sujeitos surdos. O artigo objetiva produzir uma análise filosófica da surdez-acontecimento, fazendo um paralelo entre a ação das políticas educacionais e a micro relação do cotidiano escolar, pelo movimento de resistência das pessoas surdas às políticas igualitárias. O conceito de governamentalidade, desenvolvido por Michel Foucault, é fundamental para essa reflexão, (...) apontando dois movimentos nas práticas inclusivas: o primeiro, agenciado na pauta da diversidade, com foco em práticas igualitárias e o segundo movimento, produzido na lógica da diferença. Propõe-se anunciar a surdez não apenas pela diferença, linguístico-cultural, mas como efeito de uma diferença ontológica espalhada no corpo social por fluxos ramificados, em movimentos intensivos, minando internamente os sujeitos e por eles, as variadas instituições. É a prática rasteira da contra-ação desse “ser” surdo às ações normalizadoras que interessa aqui ressaltar. Palavras-chave: Educação de surdos. Políticas inclusivas. Diferenças. Apoio e financimento da pesquisa: FAPESP e à CAPES Government of differences and the power of deaf life in school: It is urgent to affirm deafness as an ontological event, producer of differences, which materialize in the body of deaf subjects. The article aims to produce a philosophical analysis of deafness-event, making a parallel between the action of educational policies and the micro relationship of school daily, by the movement of resistance of deaf people to egalitarian policies. The concept of governmentality, developed by Michel Foucault, is fundamental to this reflection, pointing out two movements in inclusive practices: the first, guided by the diversity agenda, focusing on egalitarian practices and the second movement, produced in the logic of difference. It is proposed to announce deafness not only by linguistic-cultural difference, but as the effect of an ontological difference spread in the social body by branched flows, intensive movements, internally undermining the subjects and by them the various institutions. It is the low practice of counteracting this deaf “being” to normalizing actions that is of interest here. Keywords: Deaf education. Inclusive policies. Differences. Gobierno de diferencias y el poder de la vida de los sordos en la escuela Resumen: Es urgente afirmar la sordera como un evento ontológico, productor de diferencias, que se materializa en el cuerpo de los sordos. El artículo tiene como objetivo producir un análisis filosófico del evento de sordera, haciendo un paralelo entre la acción de las políticas educativas y la micro relación de la escuela diaria, por el movimiento de resistencia de las personas sordas a las políticas igualitarias. El concepto de gubernamentalidad, desarrollado por Michel Foucault, es fundamental para esta reflexión, señalando dos movimientos en prácticas inclusivas: el primero, guiado por la agenda de la diversidad, centrado en prácticas igualitarias y el segundo movimiento, producido en la lógica de la diferencia. Se propone anunciar la sordera no solo por la diferencia lingüístico-cultural, sino como el efecto de una diferencia ontológica propagada en el cuerpo social por flujos ramificados, movimientos intensivos, que debilitan internamente a los sujetos y por ellos a las diversas instituciones. Lo que interesa aquí es la baja práctica de contrarrestar este "ser" sordo para normalizar las acciones. Palabras clave: Educación para sordos. Políticas inclusivas. Diferencias. Data de registro: 11/12/2019 Data de aceite: 21/10/2020. (shrink)

Les relations entre philosophie morale et psychologie ont été marquées par une volonté d'autonomie réciproque souvent justifiée par deux arguments classiques fondamentaux en philosophie morale. Pourtant, le débat est loin d'être clos et l'étude de la morale comme n'importe quel objet naturel ou « naturalisation de la morale » se pose aujourd'hui à nouveaux frais. L'auteur propose une analyse critique des trois principaux arguments contemporains opposés à la naturalisation de la morale : la dénaturation de la morale ; la suffisance (...) de la science ; et le « rasoir de Kant ». Cet examen la conduit à proposer l'hypothèse d'un principe de redoublement permettant d'établir que la naturalisation de la morale repose sur un devoir moral. (shrink)

This article asks how ideas about nature in the 18th and 19th century Romantic movement have traveled in and been translated by the various religious groups that constitute contemporary Paganism. Drawing on the work of poets, philosophers, historians, social scientists, and contemporary Pagans themselves, the article argues that contemporary Paganism borrows freely from Romantic notions of inspiration and imagination to craft a vision of nature, that, for them, responds to the emotional and political needs of their own time and place. (...) At the center of this vision is what I describe as the Romantic hero, a figure in search of a more authentic existence in a broadly conceived "natural world.". (shrink)

Susan Wolf famously claimed that the life of the moral saint is unattractive from the “point of view of individual perfection.” I argue, however, that the unattractive moral saints in Wolf’s account are self-defeating on two levels, are motivated in the wrong way, and are called into question by real-life counter-examples. By appealing to a real-life case study, I argue that the best life from the moral point of view is not necessarily unattractive from the individual point of view.

ABSTRACT This article invites us to consider the task of education as we face the end of the world as we have known it. The first part of the article gives an overview of global and educational challenges, drawing attention to how formal education has been complicit in the reproduction of historical and systemic violence, as well as unsustainability. This section also offers a distinction between educational approaches that focus on personal empowerment and the mastery of knowledge and skills, and (...) educational approaches that see the role of education in association with the non-coercive re-arrangement of desires and with responsibility before will. The second part of the paper presents a psychoanalytic experiment that attempts to create a space and the dispositions necessary for difficult conversations about the role of education in preparing us all to confront the potential for social and ecological collapse in our lifetime. (shrink)

Liberalism is a critically important topic in the contemporary world as liberal values and institutions are in retreat in countries where they seemed relatively secure. Lucidly written and accessible, this book offers an important yet neglected Russian aspect to the history of political liberalism. Vanessa Rampton examines Russian engagement with liberal ideas during Russia's long nineteenth century, focusing on the high point of Russian liberalism from 1900 to 1914. It was then that a self-consciously liberal movement took shape, followed (...) by the founding of the country's first liberal (Constitutional-Democratic or Kadet) party in 1905. For a brief, revelatory period, some Russians - an eclectic group of academics, politicians and public figures - drew on liberal ideas of Western origin to articulate a distinctively Russian liberal philosophy, shape their country's political landscape, and were themselves partly responsible for the tragic experience of 1905. (shrink)

I argue for the existence of a ‘ratcheting-up effect’: the behavior of moral saints serves to increase the level of moral obligation the rest of us face. What we are morally obligated to do is constrained by what it would be reasonable for us to believe we are morally obligated to do. Moral saints provide us with a special kind of evidence that bears on what we can reasonably believe about our obligations. They do this by modeling the level of (...) sacrifice a person can realistically bear. Exposure to moral saints thus ‘ratchets-up’ our obligations by combating a type of ignorance that would otherwise defeat those obligations. (shrink)

Neste artigo analiso alguns aspectos dos conceitos de ação e narrativa no pensamento de Hannah Arendt. Enfatizo a metamorfose operada pela narrativa que, na retrospectiva e por meio da imaginação, transforma a ação em estórias. Em especial, busco compreender por que Arendt afirma que as estórias são posteriores à ação e que é um equívoco tentar inverter essa ordem, sob a pena de eliminar a liberdade da ação. Baseio-me no capítulo sobre ação na obra “A condição humana” de Arendt e (...) apresento alguns aspectos de seu texto sobre Karen Blixen, sob o pseudônimo de Isak Dinesen, publicado em “Homens em tempos sombrios”. Para aprofundar e ilustrar minha análise inicial, apresento e discuto, no final, o conto “A estória imortal”, de Karen Blixen, cujo enredo trata da tentativa pretensiosa de fabricar uma estória no mundo. (shrink)

Depuis un peu plus de cinq ans, il existe dans le nord du Brésil des tensions sociales autour de la construction d’un projet de développement. La construction du barrage hydroélectrique de Belo Monte est un parfait exemple, à la fois pour illustrer la relation confuse entre le pouvoir public et les entreprises privées, durant la réalisation d’un ouvrage d’infrastructures et pour étudier comment cette relation influence l’« acceptabilité sociale » du projet. Pour Belo Monte, le gouvernement a mis en place (...) une politique d’investissements locaux par l’intermédiaire d’un plan de développement durable, parallèle à la construction de l’ouvrage civil. Le plan, pionnier dans son format, est financé par des ressources publiques et privées et distribue des financements pour divers projets proposés par la société civile et les gouvernements locaux. Il vise une meilleure insertion sociale du projet et son acceptation à l’échelle locale. Néanmoins, ce plan est aussi accusé, par les opposants au barrage, d’être une tentative de coopter la population locale. La situation que nous exposons vise à remettre en question le rôle de l’État dans l’acceptabilité sociale. Nous proposons d’aborder le croisement entre les sphères publiques et privées en ce qui concerne l’implémentation de services et de projets d’intérêts publics, en nous posant plusieurs questions : comment la gestion de l’acceptabilité sociale se fait-elle au Brésil, dans un cadre officiellement démocratique, mais où les pratiques sont historiquement populistes? Quelle place reste-t-il pour les populations locales et leurs représentants et comment survivent les mouvements sociaux désireux de faire entendre leur voix dans le débat et la gestion du projet? Les questions démontrent la nécessité d’inclure le rôle central de l’État et son influence dans les débats sur l’« acceptabilité sociale », élargissant la littérature, jusqu’alors trop souvent exclusivement centrée sur le binôme entreprise-population concernée. (shrink)

Ion channels mediate ion flux across biological membranes and regulate important organellar and cellular tasks. A recent study revealed the presence of four new proteins, the MIM complex (composed by Mim1 and Mim2), Ayr1, OMC7, and OMC8, that are able to form ion‐conducting channels in the outer mitochondria membrane (OMM). These findings strongly indicate that the OMM is endowed with many solute‐specific channels, in addition to porins and known channels mediating protein import into mitochondria. These solute‐specific channels provide essential pathways (...) for the controlled transport of ions and metabolites and may thus add a further layer of specificity to the regulation of mitochondrial function at the organelle‐cytosol and/or inter‐organellar interface. Future studies will be required to fully understand the way(s) of regulation of these new channels and to integrate them into signaling pathways within the cells. (shrink)

Identifying the antecedents of unethical corporate behavior remains a priority among management scientists. Among the many causes that have been explored, the influence of celebrity and legacy has not been examined. This paper contributes to the existing research by focusing attention on how celebrity and legacy encourage unethical behavior and suggests practices that can diffuse the negative influence of these factors.

Name der Zeitschrift: Internationales Jahrbuch für philosophische Anthropologie Jahrgang: 7 Heft: 1 Seiten: 33-50.

One facet of Vigil's socio-relational framework of expressive behaviors (SRFB) suggests that females are more sensitive to facial expressions than are males, and should detect facial expressions more quickly. A re-examination of recent research with children demonstrates that girls do detect various facial expressions more quickly than do boys. Although this provides support for SRFB, further examination of SRFB in children would lend important support this evolutionary-based theory.

Este artigo procura fazer uma leitura crítica da utilização da figura da condessa de Barral na biografia histórica e romanceada, intitulada Condessa de Barral, a paixão do imperador, assinada por Mary Del Priore e editada pela editora Objetiva, destacando as questões teóricas referentes às biografias, aos limites entre a literatura e História, à escrita epistolar como fonte histórica e a ética do historiador enquanto educador. This article attempts a critical reading of the use of Countess of Barral's figure in the (...) historical and novelized biography, titled Condessa do Barral, a paixão do imperador, authored by Mary Del Priore and published by Objetiva, highlighting the theoretical issues relating to biographies, the boundaries between Literature and History, epistolary writing as a historical source and the ethics of the historian as an educator. (shrink)

How should driverless vehicles respond to situations of unavoidable personal harm? This paper takes up the case of self-driving cars as a prominent example of algorithmic moral decision-making, an emergent type of morality that is evolving at a high pace in a digitised business world. As its main contribution, it juxtaposes dilemma decision situations relating to ethical crash algorithms for autonomous cars to two edge cases: the case of manually driven cars facing real-life, mundane accidents, on the one hand, and (...) the dilemmatic situation in theoretically constructed trolley cases, on the other. The paper identifies analogies and disanalogies between the three cases with regard to decision makers, decision design, and decision outcomes. The findings are discussed from the angle of three perspectives: aspects where analogies could be found, those where the case of self-driving cars has turned out to lie in between both edge cases, and those where it entirely departs from either edge case. As a main result, the paper argues that manual driving as well as trolley cases are suitable points of reference for the issue of designing ethical crash algorithms only to a limited extent. Instead, a fundamental epistemic and conceptual divergence of dilemma decision situations in the context of self-driving cars and the used edge cases is substantiated. Finally, the areas of specific need for regulation on the road to introducing autonomous cars are pointed out and related thoughts are sketched through the lens of the humanistic paradigm. (shrink)

In the history of scholarly practice, Voltaire stands out among eighteenth‐century authors for his critical attitude towards erudite reading habits. His contempt for the “compilateurs” is a radical expression of the Enlightenment desire to write free of the traditions and burdens of the past. His famous interventions in Ancien Régime court cases are also emblematic of the action‐oriented philosophy of the period. This article investigates the role played in the case of the Chevalier de La Barre by documents that Voltaire (...) called “excerpts.” The case was the last Voltaire was involved in and concerned a young man, charged with blasphemy, who was eventually beheaded and burnt in 1766, Voltaire's Dictionnaire philosophique portatif (1764) nailed to his torso. With reference to two texts in particular—Relation de la mort du chevalier de La Barre (1766) and Le Cri du sang innocent (1775)—I focus on Voltaire's practice of excerpting from the court transcripts and on their specific role in his fight for the rehabilitation of the victims. (shrink)

Após uma breve retomada da tese bergsoniana da inadequabilidade da linguagem para exprimir o real, a qual está presente ao longo de toda sua obra, este trabalho procura mostrar de que modo Matéria e Memória contempla uma reflexão mais profunda sobre esta temática ao apresentar a noção de “aparelho motor”, que permite vislumbrar o fundamento corporal dos hábitos da prática e aponta para o problema de transpô-los sem crítica ao âmbito do pensamento especulativo. Em linhas gerais, procuramos entender de que (...) modo a concepção de linguagem de Bergson – com base na definição da palavra como entidade de ordem motora ou mais explicitamente como aparelho motor – anuncia um acesso extralingüístico ao real. (shrink)

The field of emotion understanding is replete with measures, yet lacks an integrated conceptual organizing structure. To identify and organize skills associated with the recognition and knowledge of emotions, and to highlight the focus of emotion understanding as localized in the self, in specific others, and in generalized others, we introduce the conceptual framework of Emotion Understanding in Recognition and Knowledge Abilities (EUReKA). We then categorize 56 existing methods of emotion understanding within this framework to highlight current gaps and future (...) opportunities in assessing emotion understanding across the lifespan. We hope the EUReKA model provides a systematic and integrated framework for conceptualizing and measuring emotion understanding for future research. (shrink)

The moral community is a social community, and as such it is vulnerable to social problems and pathologies. In this essay I identify a particular way in which participation in the moral community can be constrained by social factors. I argue that features of the social world—including power imbalances, oppression, intergroup conflict, communication barriers, and stereotyping—can make it nearly impossible for some members of the moral community to hold others responsible for wrongdoing. Specifically, social circumstances prevent some marginalized people from (...) engaging in what Stephen Darwall calls “felicitous moral address” (Darwall 2006). We should think of some members of the moral community as having “second-class moral citizenship” in ways that parallel second-class political citizenship. The injustice of second-class moral citizenship can be understood by drawing an analogy with Miranda Fricker’s notion of “epistemic injustice” (Fricker 2007). Fricker’s account of how people can be undermined in their capacity as knowers can be extended to show how people can be undermined in their capacity as makers of moral claims, which can be called “claimant injustice”. (shrink)

Historians of twentieth-century science have been systematically ignoring some of the subject’s richest sources and most exciting stories; this has left us with a body of work that is necessarily lopsided and that can be self-reinforcing in its insistence on certain features of “modern” science as uniquely dominant or significant after 1900. Methods, concepts, research questions, research areas, and resources that have been routinely and productively used by historians of science immersed in earlier centuries appear to drop out of our (...) toolkits when we turn to the twentieth century. This essay highlights one neglected area—human physiology studied in the field—and points to other topics where asking questions appropriate to natural history or “museum” ways of knowing might cast a completely new light on scientific practices and knowledge production. (shrink)

Veterinary oaths are public declarations sworn by veterinarians, usually when they enter the profession. As such, they may reflect professional and social concerns. Analysis of contemporary veterinary oaths may therefore reveal their ethical foundations. The objective of this article is to contextualize the ethical content of contemporary oaths, in terms of the origin and development of veterinary medicine and wider societal changes such as the intensification of farming and the rise of animal welfare. This informs a comparison of oaths from (...) the United States, Canada, the United Kingdom, and Brazil. This analysis suggests some ways in which the oaths might be developed to better reflect contemporary societal values. (shrink)

Abstract Kierkegaard and his pseudonym, Johannes Climacus, advance a ?theory? of indirect communication which designates it as the appropriate vehicle for ethico?religious discourse. This paper examines the justification for this claim, as it is elaborated in the Postscript, and traces the similarity between Climacus? account of indirect communication and his broader existential ethics. Both accounts locate the identity of the subject in the repeated renunciation of finitude. Just as the autonomy of the Kantian subject demands indifference to phenomenal incentives, so (...) too the ?infinite possibility? of the Climacean subject is assured only through its repeated renunciation of finite determinants. The paper argues that this project of self?determination underlies both the theory of indirect communication and the Postscript's existential ethics, and both are critiqued by Kierkegaard under the rubric of ?Religiousness A?. The theory of indirect communication and the existential ethics of which it is a part demand that the individual's freedom be literally ?thought at every moment? ? a requirement which is as divorced from the circumstances of actual existence as Hegel's much maligned ?System?. The paper closes by considering the significance of Climacus? ?Absolute Paradox? for the subject's predicament and for Kierkegaard's authorship: does the notion of the Absolute Paradox represent an alternative to the subject's self?assertion, or is it merely its pre?eminent expression? (shrink)