Bjarne Melkevik, docteur s droit de Paris II, est professeur titulaire la Facult de droit de l'Universit Laval (Qubec) et professeur associ au Dpartement de droit et Justice, Universit Laurentienne (Ontario).

A fresh look at the importance of natural and international law in the religious politics at the heartlands of the Reformation, from the Low Countries, the German principalities up to Transylvania; from Niels Hemmingsen to Gian Battista Vico; from religious reasons for the universalist claims of natural law to political arguments for the sacred polity, their tension and creative potential.

Quels sont les horizons de la philosophie du Droit? Quelle place occupe-t-elle dans notre modernité juridique? Quels sont ses enjeux? L'euthanasie, les droits des minorités et l'écologie sont des thèmes qui s'inscrivent naturellement dans le contexte contemporain de la philosophie du droit. Les essais présentés dans cet ouvrage expliquent les enjeux des domaines de réflexion qui divisent notre modernité juridique et nous révèlent comment le droit contemporain se construit à partir de présupposés théoriques. Par une réflexion qui invite au dialogue (...) et à la production d'arguments réfléchis, l'auteur cherche à démontrer que la philosophie du droit peut combler certaines lacunes du positivisme juridique qui marque notre modernité. (shrink)

The focus of this article is the analysis of generative mechanisms, a basic concept and phenomenon within the metatheoretical perspective of critical realism. It is emphasized that research questions and methods, as well as the knowledge it is possible to attain, depend on the basic view – ontologically and epistemologically – regarding the phenomenon under scrutiny. A generative mechanism is described as a trans empirical but real existing entity, explaining why observable events occur. Mechanisms are mostly possible to grasp only (...) indirectly by analytical work, based however on empirical observations. In order to achieve such an explanatory analysis, five methodological steps are suggested and discussed, among them abduction and retroduction. These steps are illustrated throughout by examples drawn from empirical research regarding social work practice. The article is concluded with a discussion of the need for knowledge of generative mechanisms. (shrink)

The aim of the present study was to describe variations in patient participation in decisions about care planning during the final phase of life for a group of gravely ill patients, and how the different actors’ manner of acting promotes or impedes patient participation. Thirty-seven qualitative research interviews were conducted with relatives of the patients. The patients’ participation in the decisions could be categorized into four variations: self-determination, co-determination, delegation and nonparticipation. The manner in which patients, relatives and caregivers acted (...) differed in the respective variations; this seemed either to promote or to impede the patients’ opportunities of participating in the decision making. The possibility for participation seems to be context dependent and affected by many factors such as the dying patient’s personality, the social network, the availability of different forms of care, cultural values, and the extent to which nurses and other caregivers of the different forms of care can and want to support the wishes of the patients and relatives in the decision-making process. (shrink)

How does man find himself in a society that cannot offer clear answers to the fundamental question: What is the meaning of existence? This introduction to Søren Kierkegaard's psychological thinking may provide part of the answer. For those interested in psychology and philosophy and anyone else interested in existential dilemmas.

La philosophie du droit a pour fonction d’assister la réflexion sur le monde du juridique, sur « le droit qui se fait », sur la doctrine juridique et notre façon de l’écrire, et sur l’appréciation (ou l’indifférence, l’hostilité, etc.) qu’un individu distancié peut éprouver à l’égard du droit et des juristes. Elle assiste et elle participe en examinant notre façon d’opérationnaliser les sources du droit, de forger des arguments pouvant être juridiques, d’évaluer les narrations qui se présentent au droit, d’examiner (...) la pertinence de la doctrine, notre façon de pratiquer le droit et de faire des jugements judiciaires. Elle ne réside de toute évidence pas « en haut » et elle ne « surplombe » pas l’écriture de la doctrine. Elle ne se glorifie pas en distribuant (en toute incompétence) l’étiquette de « scientificité » au bon candidat, que celui-ci soit auteur d’un article, d’un livre ou d’une théorie. Admettons plutôt lucidement que la philosophie du droit ne donne pas de certificat de « scientificité » et que toute revendication en ce « sens » n’a pas de « sens ». (shrink)

logique. Dans la société moderne et pluraliste, l'identité des sujets est en fait une combinaison de ces identités. Ainsi, la pluralité n'est pas extérieure ...

The aim of the present study was to describe variations in patient participation in decisions about care planning during the final phase of life for a group of gravely ill patients, and how the different actors’ manner of acting promotes or impedes patient participation. Thirty-seven qualitative research interviews were conducted with relatives of the patients. The patients’ participation in the decisions could be categorized into four variations: self-determination, co-determination, delegation and nonparticipation. The manner in which patients, relatives and caregivers acted (...) differed in the respective variations; this seemed either to promote or to impede the patients’ opportunities of participating in the decision making. The possibility for participation seems to be context dependent and affected by many factors such as the dying patient’s personality, the social network, the availability of different forms of care, cultural values, and the extent to which nurses and other caregivers of the different forms of care can and want to support the wishes of the patients and relatives in the decision-making process. (shrink)

Although Denmark managed to stay neutral throughout World War I, it nevertheless generated a heated debate in the country; most people took a clear stand for one side or the other. After the traumatic Danish defeat in the 1864 war with Prussia and Austria, Germany was regarded as the arch enemy and not unexpectedly mostDanes sided against the Central Powers in the public debate. This was not least the case amongst the national-conservative politicians, intellectuals and artists. They form the focus (...) of my article, and the questions I address are: how did the national-conservatives experience the mental watershed of the war? Was it as a blessing or a curse? (shrink)

Sixteen essays discuss _De iure praedae_ – Hugo Grotius’s 1604-1605 commentary on booty –, its sources, circumstances and consequences, and explore how Grotius the humanist, the theologian, the jurist and the politician concur in this his first exercise in natural law and rights.

Listening to the Concerto for Violin and Orchestra in D-major by Brahms takes twenty-two minutes. It varies a few minutes depending of the soloist and conductor, but the duration is fairly constant. Reading Anna Karenina by Leo Tolstoy takes many hours. The duration varies a lot depending on the reader's pace, but reading literature, just as listening to music, takes a considerable amount of time. Looking at a work of visual art, on the other hand, typically takes less than a (...) minute. This may be an exaggeration, but museum studies show that visitors to an art museum usually spend only a few moments in front of the individual work of art. Jeffrey K. Smith and Lisa F. Smith found that visitors to the Metropolitan... (shrink)

The aim of the present study was to investigate the association between work-related moral stress, moral climate and moral sensitivity in mental health nursing. By means of the three scales Hospital Ethical Climate Survey, Moral Sensitivity Questionnaire and Work-Related Moral Stress, 49 participants’ experiences were assessed. The results of linear regression analysis indicated that moral stress was determined to a degree by the work place’s moral climate as well as by two aspects of the mental health staff’s moral sensitivity. The (...) nurses’ experience of ‘moral burden’ or ‘moral support’ increased or decreased their experience of moral stress. Their work-related moral stress was determined by the job-associated moral climate and two aspects of moral sensitivity. Our findings showed an association between three concepts: moral sensitivity, moral climate and moral stress. Despite being a small study, the findings seem relevant for future research leading to theory development and conceptual clarity. We suggest that more attention be given to methodological issues and developing designs that allow for comparative research in other disciplines, as well as in-depth knowledge of moral agency. Copyright © 2011 by SAGE Publications. (shrink)

The psychological effects of aesthetic education have often been discussed, and major studies such as Michael Parsons’s inquiry into art understanding show that the development of understanding works of visual art is influenced by education.1 His findings show that the way people talk about art can be structured in five stages of development according to the model of Jean Piaget’s theory of cognitive development. He believes that the understanding of art, just like general cognition, is based on mental maturation but (...) that some kind of education is necessary to acquire the different skills of the understanding of art at each stage of development. Parsons’s study does not include educational strategies, but his .. (shrink)

Perfect adaptation in a dynamical system is the phenomenon that one or more variables have an initial transient response to a persistent change in an external stimulus but revert to their original value as the system converges to equilibrium. With the help of the causal ordering algorithm, one can construct graphical representations of dynamical systems that represent the causal relations between the variables and the conditional independences in the equilibrium distribution. We apply these tools to formulate sufficient graphical conditions for (...) identifying perfect adaptation from a set of first-order differential equations. Furthermore, we give sufficient conditions to test for the presence of perfect adaptation in experimental equilibrium data. We apply this method to a simple model for a protein signalling pathway and test its predictions in both simulations and using real-world protein expression data. We demonstrate that perfect adaptation can lead to misleading orientation of edges in the output of causal discovery algorithms. (shrink)

SummaryGrotius has a rudimentary theory of sociability. Only with hindsight has a remark about appetitus societatis been promoted to the starting point of a theory that flourished in the writings of later natural jurists. In this article, I address the issue of the appearance in Grotius's natural law of sociability [as the 1715/38 English translation of John Morrice renders appetitus societatis, following Barbeyrac's sociabilité]. Writing in the just war tradition, Grotius is first of all interested in finding out the conditions (...) for peace, and although injustice is a condition of war, it is not per se true that injustice is a perversion of society. Apparently, not all societies are perfect and the violence of war and the legal actions of peace are both instruments for achieving a greater modicum of justice in this world. Yet appetitus et custodia societatis is called the foundation of justice. Grotius achieved this context for sociability in phases, through a series of writings from c. 1600 until De iure belli ac pacis of 1625, and its revision of 1631. In this development the notion of fides plays an intriguing role, through which we can obtain a better understanding of the meaning of appetitus societatis in the later work. The present article is a sequel to a previous publication, on fides in De iure praedae. Analysing the genesis of appetitus societatis in De iure belli ac pacis, I argue that Grotius was changing his strategy over the years, without however arriving at a definitive solution to the question of what commits men to the pursuit of justice. (shrink)

In this chapter, we argue that trust can be better understood in relation to people’s attempts to deal with vulnerability in social interactions. Different situations afford different forms of adaptation that correspond to different forms of trust. We describe three forms of trust: trust as a decision, trust as a performance and trust as an uncontrollable force. We show how these different types of trust differ with respect to assumptions about trust, trustworthiness and agency as well as with respect to (...) the accompanying emotions and outline a tentative process model of trust. We conclude the chapter by reviewing the contribution of the suggested framework as well as indicating questions for further research. (shrink)

ObjectiveSome people experience post-traumatic growth, entailing positive changes such as a greater appreciation of life following traumatic events. We examined PTG in the context of the negative consequences of the COVID-19 pandemic, notably working from home and social distancing. We aimed to assess whether distinct sub-groups of individuals experiencing PTG could be identified by how they appraised and coped with the COVID-19 pandemic.MethodFor this cross-sectional study, we used convenience sampling. In total, 951 participants from the general population completed an online (...) questionnaire with items focusing on primary and secondary appraisal, positive reappraisal, rumination, and coping flexibility. For the latent profile analysis, we selected a sample of 392 individuals who had experienced moderate degrees of pandemic-related PTG, reporting at least two of the 10 positive changes in the PTG Inventory-Short Form.ResultsWe identified two distinct profiles among people experiencing PTG. The first was characterised by low levels of primary appraisal and stressfulness and higher levels of secondary appraisal, increased coping flexibility and greater use of positive reappraisal. The second was characterised by higher levels of stressfulness and primary appraisal and greater use of rumination.ConclusionThe two sub-groups evidently appraised and coped with the COVID-19 pandemic differently. Therefore, future research should account for these different profiles of people experiencing PTG. (shrink)

RÉSUMÉ Dans ce texte, l'auteur analyse et réfléchit sur la critique posée par le philosophe allemand Jürgen Habermas à l'encontre du libéralisme politique de son homologue américain John Rawls. Insistant sur quelques thèmes clés, l'auteur se penche, dans un premier temps, sur la critique formulée à l'encontre du modèle d'autonomie politique et individuelle développé par Rawls. Dans un deuxième temps, il examine la position habermasienne à l'égard du discours deformation des normes élaboré par Rawls. Cette étude fait ressortir certaines lacunes (...) de la théorie rawlsienne au regard du monde contemporain et propose une approche alternative tenant davantage compte de Vintersubjectivité et de la démocratie. ABSTRACT In this text, the author analyses and considers the critic of German philosopher Jürgen Habermas over the political liberalism of his american homologue John Rawls. The author first looks at the critics formulated against Rawls's model of political and individual autonomy. The author then proceeds to examine Habermas's position regarding Rawls's discourse on norm formation. This study shows certain lacunas in Rawls's theory in regard of today's society and proposes an alternative approach which would take into account democracy and inter subjectivity. (shrink)

L'espace public est aujourd'hui devenu le lieu même du droit !

In this text, the author analyses and considers the critic of German philosopher Jürgen Habermas over the political liberalism of his american homologue John Rawls. The author first looks at the critics formulated against Rawls's model of political and individual autonomy. The author then proceeds to examine Habermas's position regarding Rawls's discourse on norm formation. This study shows certain lacunas in Rawls's theory in regard of today's society and proposes an alternative approach which would take into account democracy and inter (...) subjectivity. (shrink)

In this text, the author analyses and considers the critic of German philosopher Jürgen Habermas over the political liberalism of his american homologue John Rawls. The author first looks at the critics formulated against Rawls's model of political and individual autonomy. The author then proceeds to examine Habermas's position regarding Rawls's discourse on norm formation. This study shows certain lacunas in Rawls's theory in regard of today's society and proposes an alternative approach which would take into account democracy and inter (...) subjectivity. (shrink)