The dissertation concerns F. A. Hayek’s critique of legislation. The purpose of the investigation is to clarify and assess that critique. I argue that there is in Hayek’s work a critique of legislation that is distinct from his well-known critique of social planning. Further that the main claim of this critique is what I refer to as Hayek’s legislation tenet, namely that legislation that aims to achieve specific aggregate results in complex orders of society will decrease the welfare level. The (...) legislation tenet gains support; from the welfare claim – according to which there is a positive correlation between the utilization of knowledge and the welfare level in society; from the dispersal of knowledge thesis – according to which the total knowledge of society is dispersed and not available to any one agency; and from the cultural evolution thesis – according to which evolutionary rules are more favorable to the utilization of knowledge in social cooperation than are legislative rules. More specifically, I argue that these form two lines of argument in support of the legislation tenet. One line of argument is based on the conjunction of the welfare claim and the dispersal of knowledge thesis. I argue that this line of argument is true. The other line of argument is based on the conjunction of the welfare claim and the cultural evolution thesis. I argue that this line of argument is false, mainly because the empirical work of political scientist Elinor Ostrom refutes it. Because the two lines of argument support the legislation tenet independently of each other, I argue that Hayek’s critique of legislation is true. In this dissertation, I further develop a legislative policy tool as based on the welfare claim and Hayek’s conception of coercion. I also consider Hayek’s idea that rules and law are instrumental in forging rational individual action and rational social orders, and turn to review this idea in light of the work of experimental economist Vernon Smith and economic historian Avner Greif. I find that Smith and Greif support this idea of Hayek’s, and I conjecture that it contributes to our understanding of Adam Smith’s notion of the invisible hand: It is rules – not an invisible hand – that prompt subjects to align individual and aggregate rationality in social interaction. Finally, I argue that Hayek’s critique is essentially utilitarian, as it is concerned with the negative welfare consequences of certain forms of legislation. And although it may appear that the dispersal of knowledge thesis will undermine the possibility of carrying out the utilitarian calculus, due to the lack of knowledge of the consequences of one’s actions – and therefore undermine the legislation tenet itself – I argue that the distinction between utilitarianism conceived as a method of deliberation and utilitarianism conceived as a criterion of correctness may be used to save Hayek’s critique from this objection. (shrink)

A philosopher and a cognitive neuroscientist conversed with Buddhist lama Tilmann Lhündrup Borghardt (TLB) about the unresolved phenomenological concerns and logical questions surrounding “pure” consciousness or minimal phenomenal experience (MPE), a quasi-contentless, non-dual state whose phenomenology of “emptiness” is often described in terms of the phenomenal quality of luminosity that experienced meditators have reported occurs in deep meditative states. Here, we present the excerpts of the conversation that relate to the question of how it is possible to first have and (...) later retrieve such non-dual states of selflessness and timelessness that are unrelated to sensory input. According to TLB, a “pure” experience of consciousness contains the phenomenal quality of luminous clarity, which is experienced solely in the transitional phase from the non-dual state of absolute emptiness to the state of minimal emptiness, when the person gradually returns to duality. However, this quality of luminous clarity can also be experienced in non-minimal states as in the experiential mode of being awakened. TLB describes this transition as a kind of ephemeral afterglow in the form of a maximally abstract phenomenal quality, i.e., luminosity, which justifies the conclusion of having been in a state of “pure” consciousness. (shrink)

For decades, nursing as a discipline has tried to establish itself within the socio‐professional and the socio‐political arenas. To date, several theorists have attempted to thoroughly define the essence (ontology) of nursing while others have proposed means (syntax) to achieve this ‘collective’ objective. Considering that this preoccupation, rooted in essentialism, is pervasive in the nursing literature, our claim is that these quests should be criticized because they impede innovative and transdisciplinary approaches to nursing theory. Our criticism includes the perspective supported (...) by the so‐called ‘postmodern nursing theorists’. We argue that the oeuvre of some nursing postmodern scholars is as prescriptive and linear as the ones they critique. Like it was done before, the discourse of these thinkers perpetuates the status quo by excluding alternative forms of knowledge that cross the boundaries of the discipline of nursing. Using the work of Deleuze and Guattari, this paper proposes an alternative way to conceive the development of nursing knowledge, which, we think, could represent an alternative way to explore the discipline of nursing. (shrink)

This paper is concerned with the relationship between paradigms of explication and the practice of conceptual engineering. It defends three interrelated claims: First, the predominant functionalist attitude in the present debate on conceptual engineering is due to its roots in Carnapian explication, which identifies the explicandum with a precursor concept. Second, alternative metaphysical paradigms of explication locate the explicandum in a part of a concept-independent reality (‘field explication‘, as I will call it). Third, field explication may be a better paradigm (...) than Carnapian functionalism for certain instances of socio-political conceptual engineering. In these instances, we adjust our concepts to more adequately capture differences in our concept-independent (felt) reality. To demonstrate this, I will contrast the metaphysical to the functionalist paradigm concerning the example of Heimat. [in German]. (shrink)

Social scientists who conduct qualitative research frequently use emotional engagement to gather information about participants’ thoughts, feelings, and behaviours in relation to a particularly research question. When the subject under investigation is related to trauma, listening to, or being exposed to personal accounts of participants’ traumatic experiences can carry a significant emotional cost for researchers. This may place them at risk of secondary trauma. In this article, I examine these issues from the context of my doctoral field research in South (...) Africa, which focused on intergenerational trauma amongst descendants of victims of apartheid-era gross human rights violations. I reflect on my positionality as both an insider and outsider and feelings of guilt that emanated from my sense of being privileged and an imposter. I also reflect on the emotional turmoil brought about by my engagement with the trauma of participants and their families. I conclude by sharing the lessons I have learnt, and that have enabled me to sustain my scholarly engagement with intergenerational trauma. Ultimately, this article gives insight into, and raises awareness about, the emotional consequences of conducting trauma research. It offers practical suggestions to help researchers navigate the emotional minefield involved in conducting trauma research. (shrink)

The Ibadis, a religious minority that survived in North Africa and Oman, claim to be the democrats of Islam. The present study highlights their key role in promoting a political alternative to the Caliphate through a collegial model of government. I.

Using panel data of 4,244 company years, we examine whether and how corporate social performance (CSP) affects a firm’s capacity to achieve profitable sales in foreign markets. Based on our extension of instrumental stakeholder theory into the international arena, we hypothesized a U-shaped relationship between CSP and multinationality. Results supported our contention that multinational enterprises (MNEs) need to be substantially committed to social performance objectives if they are to recoup the cost of their CSP investments, and improve their capacity to (...) compete in foreign markets. MNEs engaged in intermediate levels of CSP achieve lower levels of multinationality than firms operating at either anchor of the social performance continuum. In addition, this study demonstrates that CSP moderates a well-established relationship in international business literature – the relationship between R&D investment and a firm’s multinationality. Implications for research and practice are discussed. (shrink)

Using panel data of 4,244 company years, we examine whether and how corporate social performance affects a firm's capacity to achieve profitable sales in foreign markets. Based on our extension of instrumental stakeholder theory into the international arena, we hypothesized a U-shaped relationship between CSP and multinationality. Results supported our contention that multinational enterprises need to be substantially committed to social performance objectives if they are to recoup the cost of their CSP investments, and improve their capacity to compete in (...) foreign markets. MNEs engaged in intermediate levels of CSP achieve lower levels of multinationality than firms operating at either anchor of the social performance continuum. In addition, this study demonstrates that CSP moderates a well-established relationship in international business literature - the relationship between R&D investment and a firm's multinationality. Implications for research and practice are discussed. (shrink)

The aim of this article is to argue that Marcel’s idea of freedom as participation in being is what constitutes authentic freedom and existence. A “pessimistic” existentialist, Sartre conceives of authentic freedom and existence or life as making free choices and committing oneself to one’s chosen mode of life and taking responsibility for it. However, this stand of absolute freedom of choice, irrespective of the morality and nature of one’ actions with regard to human essence and ontological status as finite (...) and potential being in need of plenitude, could lead to the loss of sense of being and the proliferation of evil in a society. This is because one might freely choose to indulge in an act that negates the essence of humanity and engenders self-destruction as well as the destruction of others, since, for the “pessimistic” existentialist, one only has to be committed to it and accept its accompanying responsibility to qualify as authentic freedom and existence. I will argue that Marcel’s conception of freedom as participation in being leads to an individual’s awareness of their ontological status as a finite being and that their finitude imposes a limitation on their hold on being and generates some self-trepidation that they might lose their sense of being, and consequently propels them to engage in those acts that are consistent and compatible with their essence and are geared towards self-realisation. I will conclude that genuine freedom and authentic life lie in participation in being. (shrink)

There are those who would argue that, recently, the profession of nursing has made a radical shift, while others believe that a schism has been created among both scholars and clinicians as a result of the emerging dominance of the evidence‐based nursing movement. This paper offers a philosophical critique of this movement using Gilles Deleuze and Felix Guattari’s concept of schizoanalysis. As a conclusion, the authors posit that nursing professionals maintain a stance of academic freedom of thought and scientific integrity (...) through the acceptance of multiplicity, diversity, and polyvocality, and by challenging with politically charged concepts the totalizing perspectives that often spread through the profession/discipline of nursing. (shrink)

Recently highly-efficient quantum engines were devised by exploiting the stochastic energy changes induced by quantum measurement. Here we show that such an engine can be based on an interaction-free measurement, in which the meter seemingly does not interact with the measured object. We use a modified version of the Elitzur–Vaidman bomb tester, an interferometric setup able to detect the presence of a bomb triggered by a single photon without exploding it. In our case, a quantum bomb subject to a gravitational (...) force is initially in a superposition of being inside and outside one of the interferometer arms. We show that the bomb can be lifted without blowing up. This occurs when a photon traversing the interferometer is detected at a port that is always dark when the bomb is located outside the arm. The required potential energy is provided by the photon even though it was not absorbed by the bomb. A natural interpretation is that the photon traveled through the arm which does not contain the bomb—otherwise the bomb would have exploded—but it implies the surprising conclusion that the energy exchange occurred at a distance despite a local interaction Hamiltonian. We use the weak value formalism to support this interpretation and find evidence of contextuality. Regardless of interpretation, this interaction-free quantum measurement engine is able to lift the most sensitive bomb without setting it off. (shrink)

Chez Eisenstein on découvre comment dans le cinéma de prise de vues réelles, il est déjà possible de détourner un élément du représenté pour en faire le moyen d’une représentation qui le dépasse au point de lui être étranger, dans la mesure où il sert un propos tout autre que celui de son contexte d’origine. Dans le stop motion la mise en mouvement fondée sur un type de « montage » image par image permet non seulement de réanimer le monde, (...) mais aussi de transfigurer les objets et leur matérialité même. L’adhésion au contenu profilmique ne concerne donc plus uniquement les contenus généraux et narratifs de la représentation (comme le lieu ou la temporalité), mais aussi la matérialité même des objets. (shrink)

The essays contained in Beyond the Juxtaposition of Nature and Culture represent an attempt by scholars from Canada, Germany, and Mexico to come to grips with the innovative work of the American philosopher and anthropologist Lawrence Krader who has proposed nothing less than a new theory of nature, according to which there are at least three different orders--the material-biotic, the quantum, and the human--which differ from one another according to their different configurations of space-time, and which cannot be reduced the (...) one to the others. Each author takes up Krader's theory in relation to its impact on their own discipline: sociology, anthropology, the study of myth, the theory of labor and value, economics, linguistics, and aesthetics. The question of how nature and culture can be integrated within a theoretical framework which links them in difference and nexus and allows each their non-reductive space leads each of the contributors to move in their thinking beyond the old dualisms of materialism and idealism, fact and value, nature and culture. (shrink)

:Most game-theoretic accounts of institutions reduce institutions to behavioural patterns the players are incentivized to implement. An alternative account linking institutions to rule-following behaviour in a game-theoretic framework is developed on the basis of David Lewis’s and Ludwig Wittgenstein's respective accounts of conventions and language games. Institutions are formalized as epistemic games where the players share some forms of practical reasoning. An institution is a rule-governed game satisfying three conditions: common understanding, minimal awareness and minimal practical rationality. Common understanding has (...) a strong similarity with Ludwig Wittgenstein's concept of lebensform while minimal awareness and minimal practical rationality capture the idea that rule-following is community-based. (shrink)

Résumé Prenant pour exemple la figure littéraire de l’employé de bureau, notre étude se propose de saisir les particularités synchroniques et le cheminement diachronique d’une esthétique de l’impotence qui aurait émergé avec la tentation flaubertienne du « livre sur rien », pour se développer ensuite dans une large part du roman français de la première moitié du xx e siècle et trouver, enfin, son aboutissement dans l’œuvre de Samuel Beckett.

This paper evaluates how Amartya Sen’s critique of revealed preference theory stands against the latter’s contemporary, ‘neo-Samuelsonian’ version. Neo- Samuelsonians have argued that Sen’s arguments against RPT are innocuous, in particular once it is acknowledged that RPT does not assume away the existence of motivations or other latent psychological or cognitive processes. Sen’s claims that preferences and choices need to be distinguished and that external factors need to be taken into account to analyze the act of choice then appear to (...) be irrelevant. However, while it is true that contemporary revealed preference theory partially evades Sen’s critique, I show that the latter is still relevant outside the restricted areas of consumer choice and market dynamics. In particular, Sen’s views regarding the importance of incomplete preferences and the multiplicity of levels of agency can hardly be integrated into the framework of CRPT. This is a significant limit, given the imperialistic claims of some of the proponents of the latter. (shrink)

This article presents a community-based account of salience as an alternative and a complement to the ‘natural salience’ approach which is endorsed by almost all game theorists who use this concept. While in the naturalistic approach, salience is understood as an objective and natural property of some entities, the community-based account claims that salience is a function of community membership. Building on David Lewis’s theory of common knowledge and on some of its recent refined accounts, I suggest that salience acts (...) as a correlating device in a correlated equilibrium. What is constitutive of salience is common understanding, the fact that agents have common knowledge that they share the same modes of reasoning with respect to a well-identified set of events. I argue that the basis for common understanding is community membership. The relevance of this account stems from the fact that it answers the objection that salience is either unnecessary or unable to account for coordination between rational agents. (shrink)

ABSTRACTDeliberative and decisional groups play crucial roles in most aspects of social life. But it is not obvious how to organize these groups and various socio-cognitive mechanisms can spoil debates and decisions. In this paper we focus on one such important mechanism: the misrepresentation of views, i.e. when agents express views that are aligned with those already expressed, and which differ from their private opinions. We introduce a model to analyze the extent to which this behavioral pattern can warp deliberations (...) and distort the decisions that are finally taken. We identify types of situations in which misrepresentation can have major effects and investigate how to reduce these effects by adopting appropriate deliberative procedures. We discuss the beneficial effects of holding a sufficient number of rounds of expression of views; choosing an appropriate order of speech, typically a random one; rendering the deliberation dissenter-friendly; having agents express fined-grained views. These applicable procedures help improve deliberations because they dampen conformist behavior, give epistemic minorities more opportunities to be heard, and reduce the number of cases in which an inadequate consensus or majority develops. (shrink)

Tomando como punto de partida el desafío que supone el pluralismo para el diálogo, nos hallamos ante la tendencia de replegarnos en nosotros mismos o bien, de abrirnos aún más al otro. Todo depende de la visión y la consideración del otro y de su cultura. Al superar el miedo a perder la propia identidad, el diálogo puede conducir al enriquecimiento mutuo. De hecho, el diálogo intercultural es ante todo un diálogo interpersonal, y por eso es posible. Esto significa que (...) para vivir el primero, parece necesario vivirlo primero en el plano interpersonal sin forzarlo, porque el verdadero diálogo es la expresión de la libertad, que es su condición de posibilidad. (shrink)

Cette étude tente de répondre à la question de la possibilité ou plutôt du caractère intelligible de l'attribution à Dieu de la prescience de nos actes libres. Il s'agir d'un problème bien connu des historiens de la pensée, d'Aristote à Leibniz. La question "Dieu a-t-il la science des futurs actes futurs libres (plus généralement des futurs contingents)" doit être précédée par la question "la notion de Dieu comme d'un être qui a la science des actes futurs libres est-elle intelligible?" L'auteur (...) commence par étudier les raisons et enjeux d'attribuer ou de refuser à Dieu la prescience. Puis il s'attache à la conception de la liberté qui semble incompatible avec la prescience, avant de préciser l'idée d'incompatibilité de la prescience et de la liberté puis d'étudier les diverses tentatives proposées pour éviter une telle incompatibilité. (shrink)

Two protechnology arguments, the “hopeful principle” and the “automatic escalator”, often used in bioethics, are identified and critically analysed in this paper. It is shown that the hopeful principle is closely related to the problematic precautionary principle, and the automatic escalator argument has close affinities to the often criticised empirical slippery slope argument. The hopeful principle is shown to be really hopeless as an argument, and automatic escalator arguments often lead nowhere when critically analysed. These arguments should therefore only be (...) used with great caution. (shrink)

Glowacki asserts that interdependent relationships beyond group boundaries are exceptionally rare among nonhuman mammals. However, rudimentary forms of interdependence can be seen in primate species that form multilevel societies, that is, core social units embedded within higher-level grouping categories. Studies of primate multilevel societies can enrich discussions about the evolutionary origins of peaceful between-group interactions in humans.

One of the arguments that is often put forward in the discussion of human cloning is that it is in itself wrong to create a copy of a human being.