Depuis la fin des années 1990, la « complexité » a le vent en poupe. Ce texte présente une réflexion menée à l’Institut rhône-alpin des systèmes complexes sur le rôle que peuvent avoir les instituts pour promouvoir une étude réflexive des systèmes complexes. Il s’appuie également sur une étude empirique du domaine des systèmes complexes perçu à travers le prisme d’une base d’articles de sciences dures. Nous concluons sur la nécessité de permettre la maturation de projets interdisciplinaires.Since the late 1990s, (...) the "complexity" has the wind in its sails. This paper presents a discussion conducted at the Institute Rhône-Alpes complex systems on the role that institutions may have to promote a reflexive study of complex systems. It is also based on an empirical study of the field of complex systems seen through the prism of a base articles sciences. We conclude on the need to allow the maturation of interdisciplinary projects. (shrink)

Beauchamp and Childress (1994) elaborated an approach to bioethical deliberations based on four universalistic principles. This framework of ‘principlism’ has been criticized from within biomedical ethics as insufficient and problematic. However, this article considers a more radical sociological critique by John Evans (2002) that rejects the entire approach of defining ‘principles’ a priori. This sociological critique is based on classical sociologist Max Weber's (1925) distinction between instrumental (‘thin’) and substantive (‘thick’) rationality. As an exploratory assessment of Evans' critique, his conceptualization (...) of ‘thin’ versus ‘thick’ rationalization is applied to a large sample of Anglo-American press coverage (n = 5126) of the bioethical controversy surrounding therapeutic cloning. Given the role of mainstream news media as a key arena for the discursive framing of biomedical research and its ethical implications, the findings raise important questions about principlism and the mediation of bioethical debates on issues such as therapeutic cloning. (shrink)

The article begins with a response to a recent contribution by Jensen, in which he has criticized several aspects of the use of triads of elements, including Döbereiner’s original introduction of the concept and the modern use of atomic number triads by some authors including myself. Such triads are groups of three elements, one of which has approximately the average atomic weight of the other two elements, as well as having intermediate chemical reactivity. I also examine Jensen’s attempted (...) reconstruction Mendeleev’s use of triads in predicting the atomic weights of three hitherto unknown elements, that were subsequently named gallium, germanium and scandium. The present article then considers the use of atomic number triads, in conjunction with the phenomenon of first member anomaly, in order to offer support for Janet’s left-step periodic table, in which helium is relocated into group 2 of the table. Such a table features triads in which the 2nd and third elements of each group, without fail, fall into periods of equal length, a feature that is absent in the conventional 18-column or the conventional 32-column table. The dual sense of the term element, which is the source of much discussion in the philosophy of chemistry, is alluded to in further support of such a relocation of helium that may at first appear to contradict chemical intuition. (shrink)

Milton Friedman’s famous comment on Corporate Social Responsibility is that “there is one and only one social responsibility of business—to use its resources and engage in activities to increase its profits so long as it stays within the rules of the game.” I reply to Friedman, Michael Jensen, and others, in argument that accepts their implicit premise—that business can be a virtuous mechanism of free society—but that denies their delimitation of responsibility. The reply hinges upon precisely the virtue of (...) “freedom” these authors clearly value. In the extreme case where maximizing profits would place government under threat, such activity will not coincide with maximizing social value and would undermine the freedoms these authors claim to value. Responsibilities will also apply in less extreme cases, if we develop Amartya Sen’s argument showing that, “we have to see individual freedom as a social commitment.”. (shrink)

(Unpublished writing, 2007) This article briefly introduces a new argument concerning corporate social responsibility, based in an analysis of values expressed by the recent and contemporary liberal economists Milton Friedman and Michael Jensen. I will provide the gist of the argument by considering implications of Friedman’s very familiar view, that “…there is one and only one social responsibility of business - to use its resources and engage in activities to increase its profits so long as it stays within the (...) rules of the game.” Harvard professor Michael Jensen has argued from slightly different premises to a similar conclusion, that “social welfare is maximized when all firms in an economy attempt to maximize their own total firm value.” Vestiges of such influential argument are also easily spotted in American corporate culture (See Palmer, 2007). I suggest that these authors’ positions allow for possibilities that undermine their broader fundamental values, however. I will concentate especially on Friedman’s classic treatment of liberal politics and capitalist economics, Capitalism and Freedom, in which he alludes to the importance of accepting and promoting individual freedom. Such values demand governmental and social stability, and so, in some cases, particularly where business activity may destabilize society, it would appear that freedom may be seriously threatened by corporate activity that follows Friedman’s narrow prescription. Nowhere is this more evident, at present, than in the Niger River Delta, where the promise and profits of oil have produced a society in great disarray. A case study of the delta situation indicates the problems of the narrow view of business goals and business responsibility, and this article will go on to consider possible solutions to those problems that delineate general sorts of responsibilities. The solutions require corporations to take a much broader view of their activity: I suggest that Friedman’s flaw reflects a general weakness of liberal individualism, nicely exposed in Amartya Sen’s arguments that lead to the conclusion that, “we have to see individual freedom as a social commitment.” That social commitment includes the goal of promoting individual freedom, but reaching for the goal may proceed along lines that are not so narrowly economic as Friedman would have, indicating new roles for business and government cooperation even in less extreme cases than that of the Niger Delta. (shrink)

Axiomatic set theory is the concern of this book. More particularly, the authors prove results about the coding of models M, of Zermelo-Fraenkel set theory together with the Generalized Continuum Hypothesis by using a class 'forcing' construction. By this method they extend M to another model L[a] with the same properties. L[a] is Gödels universe of 'constructible' sets L, together with a set of integers a which code all the cardinality and cofinality structure of M. Some applications are also considered. (...) Graduate students and research workers in set theory and logic will be especially interested by this account. (shrink)

New communication technologies such as the microcomputer, videotex/teletext systems, the videocassette recorder, and satellite receiving dishes have been available to farmers since the early 1980s. This longitudinal study examines ethical issues associated with the impact that differential patterns of adoption and use of these technologies have had on inequalities among farmers from 1982 to 1989. The results demonstrate a strong adoption and use bias toward larger scale farmers who already have well-developed skills for handling information. This bias is especially strong (...) for microcomputer and videotex/teletext systems, and it isincreasing over time. Although the same farmers are not adopting all communication innovations, there is a strong tendency toward the already information-rich making the most use of the innovations they adopt. The article concludes with several recommendations that would help minimize some of these information inequalities. (shrink)

With The Perils of Global Legalism, Eric A. Posner explains that such views demonstrate a dangerously naive tendency toward legalism—an idealistic belief that ...

Climate change and justice are so closely associated that many people take it for granted that a global climate treaty should--indeed, must--directly address both issues together. But, in fact, this would be a serious mistake, one that, by dooming effective international limits on greenhouse gases, would actually make the world's poor and developing nations far worse off. This is the provocative and original argument of Climate Change Justice. Eric Posner and David Weisbach strongly favor both a climate change agreement (...) and efforts to improve economic justice. But they make a powerful case that the best--and possibly only--way to get an effective climate treaty is to exclude measures designed to redistribute wealth or address historical wrongs against underdeveloped countries. In clear language, Climate Change Justice proposes four basic principles for designing the only kind of climate treaty that will work--a forward-looking agreement that requires every country to make greenhouse--gas reductions but still makes every country better off in its own view. This kind of treaty has the best chance of actually controlling climate change and improving the welfare of people around the world. (shrink)

Carroll Izard completed his dissertation in 1952, beginning a career spanning more than six decades that coincided with clinical psychology maturing as a profession, and the birth of clinical science and cognitive neuroscience. Izard’s focus on discrete emotions as evolved systems that organize information, prepare responses, and shape the development of personality and relationships persisted through his career, despite “emotions” often being overshadowed by psychodynamic, behavioral, or cognitive perspectives. His theoretical work anticipated and now integrates contemporary neuroscience and relational perspectives. (...) Exploration of discrete emotions has kept lines of inquiry open that enrich our understanding of psychopathology. Izard also embraced clinical science, combining basic research with effectiveness studies addressing the unmet need for mental health services via emotion-focused interventions. (shrink)

Despite the bad press, Plato has a valid argument for immortality from three premises: (1) if the natural evil of a thing cannot destroy it, then it is indestructible; (2) the natural evil of the soul is vice; and (3) vice cannot destroy the soul. These premises are contestable, of course, but Plato has some good reasons for advancing them.

Social referencing informs and regulates one’s relation with the environment as a function of the perceived appraisals of social partners. Increased emphasis on relational and social contexts in the study of emotion makes this interpersonal process particularly relevant to the field. However, theoretical conceptualizations and empirical operationalizations of social referencing are disjointed across domains and populations of study. This article seeks to unite and refine the study of this construct by providing a clear and comprehensive definition of social referencing. Our (...) perspective presents social referencing and social appraisal as coterminous processes and emphasizes the importance of a relational and interpersonal approach to the study of emotion. We conclude by outlining possible lines of research on this construct. (shrink)

To date, emotion research has primarily focused on the experience and display of the emoter. However, of equal, if not more, importance is how such displays impact and guide the behavior of an observer. We incorporate a functionalist framework of emotion to examine the development of differential responding to discrete emotion, theorize on what may facilitate its development, and hypothesize the functions that may underlie such behavioral responses. Although our review is focused primarily on development, the theoretical and methodological ideas (...) laid out are relevant for researchers of emotion at all ages. (shrink)

In a survey on research misconduct, roughly 20% of the respondents admitted that they have submitted federal grant proposals that include scholars as research participants even though those scholars were not expected to contribute to the research effort. This manuscript argues that adding such false investigators is illegal, violating multiple federal statutes including the False Statements Act, the False Claims Act, and False, Fictitious, or Fraudulent Claims. Moreover, it is not only the offending academics and the false investigators that face (...) civil and criminal penalties because administrators may also be liable if they sign off on proposals and are in a position to know that false investigators might be included. Policy recommendations that should reduce the use of false investigators include changing institutional cultures, better training and oversight of the responsible conduct of research, and, most importantly, making all grant reviews double blind. (shrink)

Armed reprisals are the limited use of military force in response to unlawful actions perpetrated against states. Historically, reprisals provided a military remedy for states that had been wronged by another state without having to resort to all-out war in order to counter or deter such wrongful actions. While reprisals are broadly believed to have been outlawed by the UN Charter, states continue to routinely undertake such self-help measures. As part of the roundtable, “The Ethics of Limited Strikes,” this essay (...) examines the doctrine of armed reprisals in light of recent instances of states using force “short of war” in this manner. We argue that the ban on reprisals has been largely ignored by states, and that recent attempts to apply the laws of armed conflict to the cyber domain are further weakening this prohibition. We conclude that this is a potentially dangerous development that lowers the bar for resorting to military force, risking escalation and thereby further destabilizing the international system. (shrink)

For over 700 years scholastic theologians of varying degrees of allegiance to the text(s) of Thomas Aquinas have discoursed on the mystery of Christ's being (esse): Did Christ have one or two acts of existence? Yet despite this frequent and recurring quaestio, nevertheless only a handful of scholastic commentators pause to note that this is not simply a debate between rival scholastic ‘schools’ in regard to a theological mystery, but that in fact there is an inconsistency within the Angelic doctor's (...) own texts. And while in more recent scholarship this discrepancy has not only been noticed but explicated in various ways, nevertheless it is the contention of this paper that a satisfactory exposition of the meaning of esse secundarium has not yet been achieved. Consequently, I propose in this paper that esse secundarium is the created, substantial, but absolutely supernatural participation of the human nature of Jesus in the uncreated communication of the divine esse of the Word and provide a robust textual defense of this interpretation. (shrink)

By endorsing the use of a vaccine that makes the experience of puffing on a cigarette deeply distasteful, Lieber and Millum have taken the first few tentative steps into a future filled with medical interventions that manipulate individual preferences. It is tempting to embrace the careful arguments of “Preventing Sin” and celebrate the possibility that the profound individual and social costs of smoking will finally be tamed. Yet there is something unsettling about the possibility that parental discretion may be on (...) the cusp of a radical expansion, one that involves a new and unexplored approach to behavior modification. (shrink)

The cost of health care, its growing share of the gross domestic product, and dire predictions about the future are a major political and economic issue in the U.S. The American legal system is commonly viewed as a significant part of the problem, particularly by those who believe that medical providers engage in defensive medicine in an effort to avoid malpractice litigation. Yet scholars and commentators in the U.S. have shown relatively little interest in how other nations manage legal conflict (...) over health care and whether they might learn something from abroad about the relationship between malpractice litigation and the health care system more generally.To that end, this article analyzes the Japanese health care experience, specifically the management of what are variously called adverse outcomes, medical accidents, and medical malpractice. How frequently do Japanese patients sue their doctors? Are medical malpractice litigation rates in Japan rising? If so, what is being done to control the increase and its impact on medical care? How well is Japan doing when it comes to balancing the needs of patients who believe they are victims of medical negligence with those of providers who think they are being unfairly accused? These are the questions, about Japan, that need to be asked by those interested in the nexus of law and health care in the U.S. (shrink)

Scholars in the U.S. have shown relatively little interest in the management of legal conflict over health care in other nations. This article examines the Japanese health care system, particularly litigation over medical malpractice, and asks what American scholars and policy makers can learn from the Japanese experience.

The American Urological Association (AUA) and American College of Surgeons (ACS) codes of professionalism require surgeons to disclose the specific roles and responsibilities of trainees to patients during the informed consent process. The objective of this study is to analyze how these requirements are met by urology training programs. An anonymous electronic survey was distributed to the program directors (PDs) of the 143 Accreditation Council for Graduate Medical Education urology residency programs in the United States in 2021. Information was collected (...) regarding program demographics, aspects of the program’s consent process, and the disclosure to patients of the role and participation of residents in their surgery. There were 49 responses to the survey (34.3% response rate). Nearly 70 percent of PDs reported that attending physicians lead the consent process. The topics covered during consent discussion include possible complications (25%), expected recovery time (23%), length of the surgery (22%), the people involved (18%), and their specific roles (7%). Many PDs do not explicitly discuss trainee involvement (48.8%) or when a resident is to perform the majority of the case (87.8%). The majority of PDs (78.8%) communicate medical student involvement, but 73.2 percent reported having a patient decline participation of a trainee after describing their role. Despite the AUA and ACS codes of professionalism, many urologists do not disclose resident involvement in surgery to patients. Further discussions are needed to explore how to better balance resident education and patient autonomy. (shrink)

Attempts to explain emotion typically emphasize the interaction of evolutionary and socialization processes. However, in describing this interplay the role of the person is typically underemphasized or unaccounted for. This paper lays out empirical and theoretical rationale for considering the person as a major contributor to emotion generation and development.

Few novel or emerging infectious diseases have posed such vital ethical challenges so quickly and dramatically as the novel coronavirus SARS‐CoV‐2. The World Health Organization declared a public health emergency of international concern and recently classified Covid‐19 as a worldwide pandemic. As of this writing, the epidemic has not yet peaked in the United States, but community transmission is widespread. President Trump declared a national emergency as fifty governors declared state emergencies. In the coming weeks, hospitals will become overrun, stretched (...) to their capacities. When the health system becomes stretched beyond capacity, how can we ethically allocate scarce health goods and services? How can we ensure that marginalized populations can access the care they need? What ethical duties do we owe to vulnerable people separated from their families and communities? And how do we ethically and legally balance public health with civil liberties? (shrink)

In 1864 - two years before the publication of The Communist Manifesto and 21 years before the publication of Das Kapital - Karl Marx published an essay titled Peuchet on Suicide. The essay was originally presented as a translation of excerpts from the memoirs of Jacques Peuchet, a leading French police administrator, economist and statistician. Plaut and Anderson reveal that Marx's Peuchet on Suicide is not a straightforward translation, but is an edited version in which Marx adds passages of his (...) own, altering the emphasis of the text from a moral and psychological focus to a profoundly social one. Thus, the essay very strongly reflects Marx's own position on this controversial subject. Sociologist Kevin Anderson provides an extensive introduction situating the essay in the context of Marx's work, especially that on gender; Plaut's essay focuses on the psychological aspects of the work, in particular contrasting Marx's thoughts on suicide with those of Freud and Durkheim. (shrink)

Human rights law does not appear to enjoy as high a level of compliance as the laws of war, yet is institutionalized to a greater degree. This Article argues that the reason for this difference is related to the strategic structure of international law. The laws of war are governed by a regime of reciprocity, which can produce selfenforcing patterns of behavior, whereas the human rights regime attempts to produce public goods and is thus subject to collective action problems. The (...) more elaborate human rights institutions are designed to overcome these problems but fall prey to second-order collective action problems. The simple laws of war institutions have been successful because they can exploit the logic of reciprocity. The Article also suggests that limits on military reprisals are in tension with self-enforcement of the laws of war. The U.S. conflict with Al Qaeda is discussed. (shrink)

Although much legal scholarship discusses the meaning of the religion clauses of the U.S. Constitution, very few articles analyze the ways in which state regulation affects actors' incentives to engage in religious behavior. Yet the question of how a law influences religious behavior is important for determining whether various laws are desirable, and whether they violate constitutional constraints. This article draws on recent economic models of religious organization to analyze the ways in which laws affect the behavior of religious groups. (...) Religious groups produce collective goods for their members, and the effect of laws can be analyzed by examining how they modify the payoffs members receive for cooperating or free riding. The article examines the use of laws to establish religious groups, to subsidize them with cash or tax benefits, to provide accommodations for them, to provide symbolic support for them, to provide secular substitutes for the collective goods they produce, and to regulate disputes between members. The article also briefly discusses the constitutional implications of the analysis. (shrink)