In this groundbreaking work, French legal scholar Alain Supiot examines the relationship of society to legal discourse. He argues that the law is how justice is implmented in secular society, but it is not simply a technique to be manipulated at will: it is also an expression of the core beliefs of the West. We must recognize its universalizing, dogmatic nature and become receptive to other interpretations from non-Western cultures to help us avoid the clash of civilizations. In Homo (...) Juridicus, Supiot deconstructs the illusion of a world that has become flat and undifferentiated, regulated only by supposed "laws" of science and the economy, and peopled by contract-makers driven only by the calculation of their individual interests. Such a liberal perspective is nothing but the flipside of the notion of the withering away of law and the state, promoted this time not under the banner of the struggle between classes, but rather in the name of the free competition between sovereign individuals. Supiot's exploration of the development of the legal subject-the individual as formed through a dense web of contracts and laws-is set to become a classic work of social theory. (shrink)

Embellir le regard et, par lui, la nature, c'est la fonction de l'art. L'histoire du nu est celle du regard que les hommes ont porté sur la nudité, la chronique somptueuse de leur délectation. Mais l'art ne se borne pas à fonder la beauté naturelle. Il modèle les moeurs. Il donne forme et norme aux comportements. La sexualité est soumise à ses modes. Une enquête sur le nu dans les paysages.

Precision Medicine is driven by the idea that the rapidly increasing range of relatively cheap and efficient self-tracking devices make it feasible to collect multiple kinds of phenotypic data. Advocates of N = 1 research emphasize the countless opportunities personal data provide for optimizing individual health. At the same time, using biomarker data for lifestyle interventions has shown to entail complex challenges. In this paper, we argue that researchers in the field of precision medicine need to address the performative dimension (...) of collecting data. We propose the fun-house mirror as a metaphor for the use of personal health data; each health data source yields a particular type of image that can be regarded as a ‘data mirror’ that is by definition specific and skewed. This requires competence on the part of individuals to adequately interpret the images thus provided. (shrink)

Background: Personal genomic testing (PGT) offers individuals genetic information about relationships, wellness, sporting ability, and health. PGT is increasingly accessible online, including in emerging markets such as Australia. Little is known about what consumers expect from these tests and whether their reflections on testing resonate with bioethics concepts such as autonomy. Methods: We report findings from focus groups and semi-structured interviews that explored attitudes to and experiences of PGT. Focus group participants had little experience with PGT, while interview participants had (...) undergone testing. Recordings were transcribed and analyzed using thematic analysis. Findings were critically interpreted with reference to bioethics scholarship on autonomy. Results: Fifty-six members of the public participated in seven focus groups, and 40 individuals were interviewed separately. Both groups valued the choice of PGT, and believed that it could motivate relevant actions. Focus group themes centered on the perceived value of choices, knowledge enabling action and knowledge about the self. Interview themes suggest that participants reflexively engage with their PGT information to make meaning, and that some appreciate its shortcomings. Critical interpretation of findings shows that while consumers of PGT are able to exercise a degree of autonomy in choosing, they may not be able to achieve a substantive conceptualization of autonomy, one that promotes alignment with higher-order desires. Conclusions: PGT consumers can critically reason about testing. However, they may uncritically accept test results, may not appreciate drawbacks of increased choice, or may overestimate the potential for information to motivate behavioral change. While consumers appear to be capable of substantive autonomy, they do so without ongoing support from companies. PGT companies promote a problematic (“default”) account of autonomy, reliant on empowerment rhetoric. This leaves consumers vulnerable to making decisions inconsistent with their higher-order desires. As PGT expands, claims about its power and value need to be carefully drawn. (shrink)

La solidarité n'est ni assurance ni assistance. Elle ne divise pas le monde entre ceux qui donneraient sans recevoir et ceux qui recevraient sans avoir rien à donner : tous contribuent selon leurs capacités et reçoivent selon leurs besoins. Le droit européen a récemment hissé la solidarité au rang de principe fondamental, à l'instar de la liberté, de l'égalité et de la justice. Dans le même temps, l'idéologie libérale en promeut le démantèlement méthodique, considérant qu'une «grande société» fondée sur l'ordre (...) du Marché «n'a que faire de la «solidarit黫 (F Hayek). La question se pose donc de savoir si la solidarité est le témoin provisoire d'un ordre juridique condamné à disparaître ou bien l'un des ferments de sa recomposition. L'enquête conduite dans ce livre vise à y répondre. Elle commence par retracer l'histoire du concept de «solidarité», depuis son apparition en droit romain jusqu'à sa moderne diffusion en biologie, en sociologie et en droit social. Elle se poursuit en examinant cette notion d'origine européenne au prisme d'autres civilisations. Explorant les évolutions politiques et législatives les plus récentes, elle met enfin en évidence l'extrême actualité du principe de solidarité dans toutes les grandes régions du monde. (shrink)

This response is a comment on the case of Jordan presented by Mason. A key perspective we can take from this case is a consideration of: consumer motivations for testing, whether they have enough information and time to make a decision, and if the test they seek is entirely appropriate for them at their current stage of life.

Discusses Locke's life and views and their impact on American philosophy, as well as his role in the Harlem Renaissance.

In recent years we have seen the emergence of “personalised medicine.” This development can be seen as the logical product of reductionism in medical science in which disease is increasingly understood in molecular terms. Personalised medicine has flourished as a consequence of the application of neoliberal principles to health care, whereby a commercial and social need for personalised medicine has been created. More specifically, personalised medicine benefits from the ongoing commercialisation of the body and of genetic knowledge, the idea that (...) health is defined by genetics, and the emphasis the state places on individual citizens as being “responsible for” their own health. In this paper I critique the emergence of personalised medicine by examining the ways in which it has already impacted upon health and health care delivery. (shrink)

The study of intrinsic phosphorylation dynamics and kinetics in the context of complex protein architecture in vivo has been challenging: Method limitations have prevented significant advances in the understanding of the highly variable turnover of phosphate groups, synergy, and cooperativity between P‐sites. However, over the last decade, powerful analytical technologies have been developed to determine the full catalog of the phosphoproteome for many species. The curated databases of phospho sites found by mass spectrometry analysis and the computationally predicted sites based (...) on the linear sequence of kinase motifs are valuable tools. They allow investigation of the complexity of phosphorylation in vivo, albeit with strong discrepancies between different methods. A series of hypothetical scenarios on combinatorial processive phosphorylation is proposed that are likely unverifiable with current methodologies. These proposed a priori postulates could be considered as possible extensions of the known schemes of the activation/inhibition signaling process in vivo. (shrink)

Against "political philosophy" -- Politics as thought -- Althusser -- Politics unbound -- A speculative disquisition on the concept of democracy -- Truths and justice -- Rancière and the community of equals -- Rancière and apolitics -- What is a thermidorean? -- Politics as truth procedure.

Self-awareness represents the capacity of becoming the object of one’s own attention. In this state one actively identifies, processes, and stores information about the self. This paper surveys the self-awareness literature by emphasizing definition issues, measurement techniques, effects and functions of self-attention, and antecedents of self-awareness. Key self-related concepts (e.g., minimal, reflective consciousness) are distinguished from the central notion of self-awareness. Reviewed measures include questionnaires, implicit tasks, and self-recognition. Main effects and functions of self-attention consist in selfevaluation, escape from the (...) self, amplification of one's subjective experience, increased self-knowledge, self-regulation, and inferences about others' mental states (Theory-of-Mind). A neurocognitive and socioecological model of self-awareness is described in which the role of face-to-face interactions, reflected appraisals, mirrors, media, inner speech, imagery, autobiographical knowledge, and neurological structures is underlined. (shrink)

Pacifism is routinely criticized as sectarian, incoherent, and preoccupied with moral purity at the expense of responsibility. The author contends that the pacifism of John Howard Yoder is vulnerable to none of these charges and defends this claim by establishing parallels between Yoder's analysis of killing and Augustine's analysis of lying. Although, within the terms of his own argument, Augustine's rejection of all lying as unjust is consistent with his condoning of some killing as just, the author shows that given (...) a different conception of the defining characteristic of God , Augustine's theological argument against lying would become an argument against violence. The author therefore suggests that Yoder's rejection of killing is no more sectarian, incoherent, or irresponsible than Augustine's rejection of lying. (shrink)

Quite a few recent models are rapidly introducing new concepts describing different levels of consciousness. This situation is getting confusing because some theorists formulate their models without making reference to existing views, redundantly adding complexity to an already difficult problem. In this paper, I present and compare nine neurocognitive models to highlight points of convergence and divergence. Two aspects of consciousness seem especially important: perception of self in time and complexity of self-representations. To this I add frequency of self-focus, amount (...) of self-related information, and accuracy of self-knowledge. Overall, I conclude that many novel concepts (e.g., reflective, primary, core, extended, recursive, and minimal consciousness) are useful in helping us distinguish between delicate variations in consciousness and in clarifying theoretical issues that have been intensely debated in the scientific literature—e.g., consciousness in relation to mirror self-recognition and language. Ó 2005 Elsevier Inc. All rights reserved. (shrink)

been recently proposed (Morin, 2003; 2004). The model takes into account most known mechanisms and processes leading to self-awareness, and examines their multiple and complex interactions. Inner speech is postulated to play a key-role in this model, as it establishes important connections between many of its ele- ments. This paper first reviews past and current references to a link between self-awareness and inner speech. It then presents an analysis of the nature of the relation between these two concepts. It is (...) suggested that inner speech can inter- nally reproduce and expand social and physical (ecological) sources of self- awareness. Inner speech can also create a psychological distance between the self and mental events it experiences (thus facilitating self-observation) it can act as a problem-solving device where the self represents the problem and self-information the solution, and can label aspects of one’s inner life that would otherwise be difficult to objectively perceive. Empirical evidence supporting the role of inner speech in self-awareness is also presented. (shrink)

Volume 10, Issue 2, June 2019, Page 281-288.

It is widely acknowledged that human rights law and international criminal law share core normative features. Yet, the literature has not yet reconstructed this underlying basis in a systematic way. In this contribution, I lay down the basis of such an account. I first identify a similar tension between a “moral” and a “political” approach to the normative foundations of those norms and to the legitimate role of international courts and tribunals adjudicating those norms. With a view to bring the (...) debate forward, I then turn to the practices of HRL and international criminal law to examine which of those approaches best illuminates some salient aspects of the adjudication of ICs. Finally, I argue that the political approach best explains the practice. While each preserves a distinct role, HRL and ICL both establish the basic conditions for the primary subject of international law, namely the state, to legitimately govern its own subjects constructed as free and equal moral agents. (shrink)

Legal scholars and theorists have recently drawn a more sustained attention to the link between international human rights law (hereafter IHRL) and international criminal law (hereafter ICL). This concerns both positive and more normative accounts of the link. Whether positive or normative, the predominant approach to constructing the link is substantive. This overlap is normatively justified in similar terms by reference to a subset of moral human rights. In this paper, I offer an alternative to the substantive approach. After identifying (...) two flaws in the substantive approach (the problem of threshold and the problem of ethical neutrality), I defend what I call a structural account by focusing on duty‐holders. I start by reconstructing two structural characteristics common to IHRL and ICL qua international legal regimes: who has the authority to address violations of IHRL and ICL, and who can be liable for those violations. I then infer that public authority (functionally construed) constitutes the common structural core of IHRL and ICL. I rely on the extraterritorial application of IHRL and on the collective dimension of ICL violations to further support the argument. I finally offer an argument explaining the normative point of those structural features. I hold that IHRL and ICL (their adjudicative and liability regimes) are both necessary (but clearly not sufficient) to render this exercise of public authority legitimate to its subjects. (shrink)

In this paper, I offer an analytical and normative framework to re-visit the question of whether state parties should derogate from the European Convention on Human Rights (ECHR) in order to combat the COVID-19 pandemic via harsh ‘lockdown’ measures. It is three-pronged. First, I show that the predominant debate on the (non-)derogation question is informed by a textual approach to adjudication, which severely limits the analytical and evaluative horizon for addressing the issue. Most importantly, it cannot address one salient fact (...) about the effects of lockdown measures, namely their highly disproportionate effects on vulnerable groups and minorities. Second, I argue that proportionality assessment should be the basis for determining whether state parties ought to derogate or not. This is because proportionality’s very purpose is in part to track the effects of state interferences on minorities and vulnerable groups by measuring the disproportionate burden imposed on them. It is also because proportionality assessment has very different requirements between limitation clauses built into the relevant Convention articles (e.g. Article 5, Articles 8–11) and the derogation clause (Article 15) under the ECHR. Surprisingly, while the emerging literature almost always mentions proportionality as an important component of the analysis, it does not investigate the extent to which each regime (derogation or limitation) better performs it, and why. Third, I draw from the philosophical literature on the ‘right to justification’ to clarify the egalitarian and justificatory function of proportionality. Unlike derogation, limitation clauses have a much higher and systematic requirement of justification, which makes the case for non-derogation clearer and stronger. (shrink)

A single, fairly simple proposition lies at the heart of the present contribution, viz. that the development of early-modern literature on international law should be regarded as a specific form of the early usus modernus during the second half of the sixteenth century and the first half of the seventeenth century.In Section 1 that general proposition and some of its ramifications will receive some further explanation. First, the main characteristics of usus modernus will be set out, and, subsequently, their applicability (...) to early-modern literature on international law will be outlined. In addition, the question should be raised, what purpose the characterisation of that literature as part of the more general usus modernus may serve. These considerations may inevitably appear somewhat abstract. Section 2 will therefore aim to provide a particular illustration, based on two contemporary works on the law of naval warfare, viz. A. Gentili's Hispanicae Advocationis Libri Duo and H. Grotius' De jure praedae. (shrink)

The aim of this article is to examine the potential influence of mass-media on public’s opinions and attitudes towards economic liberalism. It shows that, without relying to the assumption that journalists pursue such a purpose, the nature of the media system leads them to give a rather negative image of how the market economy works and doesn’t give the same place to liberal thesis with respect to others. Our argument is founded on a critique of the economic model of spatial (...) competition currently used in this field, on the crucial role that norms inherent to the profession of journalist play and the characteristics of the demand which media face. L’objet de cet article est d’examiner la question de l’influence éventuelle des médias de masse sur les opinions et attitudes du public à l’égard du libéralisme économique. On y montre que, sans recourir à l’hypothèse que les journalistes poursuivent consciemment un tel objectif, la nature du système médiatique les conduit à donner une image plutôt négative du fonctionnement de l’économie de marché et à ne pas donner une place équilibrée à l’exposé des thèses libérales par rapport aux autres. L’argumentation suivie repose sur la critique du modèle économique de la concurrence spatiale habituellement utilisé à ce sujet, sur le rôle déterminant que jouent les normes propres à la profession de journaliste et les caractéristiques de la demande s’adressant aux médias. (shrink)

Deleuze calls Spinoza the “Prince” of philosophers. He devotes two books to him, Spinoza et le probleme de l'expression and Spinoza. Philosophie pratique But Deleuze's entire body of work also gives him an opportunity to work on Spinoza's conceptuality. Deleuze does not arrive at Spinoza by making a leap from the principle of reason to reconquer an original and forgotten past. The immanence of Spinoza is more like an arrow found inadvertently and shot again into the immensity of the universe. (...) We propose to define this timelessness by highlighting the main points of convergence between Deleuze's thought and that of Spinoza. These convergences will be examined using excerpts selected from the five parts of the Ethics in which the following themes will be broached: the principle of reason, panpsychism, experimentation of the body, notion of power, and liberty. We will see how Deleuze gives a new and yet strangely faithful spin to Spinozist thought on which he establishes his notions of pluricosmism, non-human becomings, ethology, deterritorialization, and escape lines. (shrink)

My article in this issue of PPP is based on a lengthy book, La Société du malaise, in which I examine the shift from Oedipal neurosis to narcissistic pathologies in France and in the United States, viewing this shift in connection with changes in social ideals regarding autonomy that I summarize as autonomy–aspiration and autonomy–condition. Using the notion of social pathology, I consider sociological/anthropological dimensions of so-called mental health problems by viewing them as individualistic ways of dealing with adversity or (...) misfortune in a form of life permeated with the autonomy–ideal. Changes in ways of acting in society go together with changes in forms of being.. (shrink)

The notions of subjectivity, affect, emotion, and moral feelings today impregnate the whole of society, and they are becoming increasingly perceptible in the area of scientific knowledge as well.1 This preoccupation with emotions developed initially in the wake of the advent of a more permissive society in the 1970s, and then with changes in the organization of capitalism, where flexible work has replaced the Taylorist and Fordist models of divided labor, and also with the crisis of the social welfare system (...) in the 1980s. In both Europe and North America, mental suffering and mental health problems have gradually come to occupy a prominent position in daily life in developed societies. Indeed, a vast and varied.. (shrink)

This article describes the rules and scripts that operate in a sub-Saharan African system, the Tijaniyya Islamic Sufi order in Kano, Nigeria. It analyzes the patriarchal bargains between women and men in the order and reveals how the actions of Muslim women with positions of spiritual authority were both independent and shaped by the order's patriarchy. The author argues that larger shifts across several decades in the Islamic world, the international Tijaniyya leadership, and the Nigerian state allowed Kano Tijaniyya women (...) to act differently and increase their spiritual authority and personal autonomy without breaking the rules of their bargain. The author concludes by suggesting that analyses of other Muslim societies may lead to a better understanding of which strategies lead to women's marginalization and which strategies result in successful bargaining. (shrink)

Plato's _Republic_ is one of the best-known and most widely-discussed texts in the history of philosophy. But how might we get to the heart of this work today, 2,500 years after its original composition? Alain Badiou breathes life into Plato's landmark text and revives its universality. Rather than producing yet another critical commentary, he has instead worked closely on the original Greek and, through spectacular changes, adapted it to our times. In this innovative reimagining of Plato's work, Badiou has (...) removed all references specific to ancient Greek society--from lengthy exchanges about moral courage in archaic poetry to political considerations mainly of interest to the aristocratic elite--and has expanded the range of cultural references. Here, philosophy is firing on all cylinders: Socrates and his companions are joined by Beckett, Pessoa, Freud, and Hegel, among others. Together these thinkers demonstrate that true philosophy endures, ready to absorb new horizons without changing its essence. Moreover, Badiou--who is also a dramatist--has transformed the Socratic dialogue into a genuine oratorial contest. In his version of the _Republic_, the interlocutors do much more than simply agree with Socrates. They argue, stand up to him, put him on the spot, and show thought in motion. In this work of dramatic scholarship and philosophy, we encounter a modern version of Plato's text that is alive, stimulating, and directly relevant to our own world. (shrink)

Pour donner une nouvelle crédibilité philosophique aux concepts de Dieu et de Royaume de Dieu, la démarche qui est proposée ici prend appui sur la manière dont la mathématique définit les notions d'infini, d'ensemble et de limite. En effet, la mathématique du XXe siècle (celle de Cantor et de Gödel en particulier) donne des outils qui permettent de renouveler la métaphysique, l'apologétique et même la théologie. Alain Houziaux tente donc de montrer non seulement la légitimité mais aussi la nécessité (...) du discours théologique pour rendre compte de la vérité de notre monde. Puis il développe une théologie cohérente de Dieu et de son Royaume après en avoir légitimé les concepts. Cette recherche nouvelle démontre sa fécondité en recoupant la perspective kantienne d'une science qui, limitée, fait place à la foi en correspondant à la revendication réformée d'une théologie de la Croix. Une ample préface de Jean Ladrière, qui a écrit l'ouvrage faisant autorité sur les théorèmes d'incomplétude de Gödel, situe bien la légitimité de cette approche dans une authentique démarche théologique. " La perspective originale d'Alain Houziaux " écrit-il, " est sans doute de nature à mettre en évidence certains aspects devenus implicites dans les épistémologies mises en œuvre par les différents courants " classiques " de la théologie fondamentale. ". (shrink)