_Foucault’s Law_ is the first book in almost fifteen years to address the question of Foucault’s position on law. Many readings of Foucault’s conception of law start from the proposition that he failed to consider the role of law in modernity, or indeed that he deliberately marginalized it. In canvassing a wealth of primary and secondary sources, Ben Golder and Peter Fitzpatrick rebut this argument. They argue that rather than marginalize law, Foucault develops a much more radical, nuanced (...) and coherent theory of law than his critics have acknowledged. For Golder and Fitzpatrick, Foucault’s law is not the contained creature of conventional accounts, but is uncontainable and illimitable. In their radical re-reading of Foucault, they show how Foucault outlines a concept of law which is not tied to any given form or subordinated to a particular source of power, but is critically oriented towards alterity, new possibilities and different ways of being. _Foucault’s Law_ is an important and original contribution to the ongoing debate on Foucault and law, engaging not only with Foucault’s diverse writings on law and legal theory, but also with the extensive interpretive literature on the topic. It will thus be of interest to students and scholars working in the fields of law and social theory, legal theory and law and philosophy, as well as to students of Foucault’s work generally. (shrink)

Existing approaches to the relation of law and society have for a long time seen law as either autonomous or grounded in society. Drawing on untapped resources in social theory, Fitzpatrick finds law pivotally placed in and beyond modernity. Being itself of the modern, law takes impetus and identity from modern society and, through incorporating 'pre-modern' elements of savagery and the sacred, it comes to constitute that very society. When placing law in such a crucial position for modernity, (...) class='Hi'>Fitzpatrick ranges widely from the colonizations of the Americas, through the thought of the European Enlightenment, and engages finally with contemporary arrogations of the 'global'. By extending his previous work on the origins of modernity, this book makes a significant contribution to continuing developments in law and society, legal philosophy, and jurisprudence. (shrink)

There is currently an unrecognised conflict between the utilitarian nature of the overall NHS and the basic deontology of the doctor-patient interaction. This conflict leads to mistrust and misunderstanding between managers and clinicians. This misunderstanding is bad for both doctors and managers, and also leads to waste of time and resources, and poorer services to patients. The utilitarian thinkers tend to value finite, short term, evidence based technical interventions, delivered according to specifications and contracts. They appear happy to break care (...) up into smaller pieces, which can then be commissioned from multiple providers. The deontological thinkers tend to think about care delivered through a long term continuous relationship, and regard that relationship as therapeutic and salutogenic in itself. To them breaking care up into smaller fragments is a denial of what caring is really about. Very rarely are either or both sides of this debate fully aware of where their powerfully felt and often well argued positions start from. In this paper we offer an appraisal of the strengths and weaknesses of both moral viewpoints as applied in the UK NHS context and we suggest a way in which they can be reconciled, provided neither is pushed too far or too hard against the other. We believe this reconciliation would be good for patients, doctors, managers and improve the service as a whole. (shrink)

It is the prevailing paradigm in contemporary physics to model the dynamical evolution of physical systems in terms of a real parameter conventionally denoted as 't' ('little tee'). We typically call such dynamical models laws of nature' and t we call 'physical time'. It is common in the philosophy of time to regard t as time itself, and to take the global structure of general relativity as the ultimate guide to physical time, and so consequently the true nature of time. (...) In this paper we defend the idea that physical time, t, is rather better defined as an operational modelling parameter: we measure relations between changing physical quantities using bespoke physical systems---i.e. clocks---that coordinate local coincidences. We argue that the sorts of physical systems that make good clocks---what we call precision clocks---are those that exhibit self-sustained oscillations known as limit cycles, which are ubiquitous in open, driven, stable, dissipative systems. We develop the physical and philosophical ramifications of this conception of physical time, particularly the notion that physical time does not track something 'out there' in the world. As a result, we speculate that physical time is perhaps not as different from manifest time as many philosophers of time (and apparently general relativity) seem to suggest. (shrink)

Really statistical explanation is a hitherto neglected form of noncausal scientific explanation. Explanations in population biology that appeal to drift are RS explanations. An RS explanation supplies a kind of understanding that a causal explanation of the same result cannot supply. Roughly speaking, an RS explanation shows the result to be mere statistical fallout.

Teaching requires much emotion work which takes its toll on teachers. Emotion work is usually studied from one of two perspectives, a job or an individual perspective. In this study, we assessed the relative importance of these two perspectives in predicting emotional exhaustion. More than 200 teachers completed a questionnaire comprising the DISQ , the Dutch Questionnaire on Emotional Labour , and the UBOS . In line with previous studies, our findings indicated that emotional exhaustion is positively associated with emotional (...) job demands and surface acting. The relative importance of the two operationalisations of emotion work was assessed by comparing the results of two regression analyses. Whereas the model with job demands explained 18% of the variance, the model with emotional labour explained only 5%. In understanding what might contribute to emotional exhaustion in teachers, the emotional job demands might be much more important than the self‐regulation perspective that is measured with emotional labour. (shrink)

Este artículo tiene por objeto dar una versión diferente y más breve del poema que contiene una demanda morisca de ayuda al Imperio Otomano, poema estudiado por James Monroe en Al-Andalus XXXI, 281-303. Esta versión indica que había habido otra demanda similar por parte de los moriscos al sultán mameluco de El Cairo, y que ésta era la original. El artículo contiene: 1) un análisis comparativo de las versiones de la casida dirigidas a los mamelucos y a los otomanos, 2) (...) el marco histórico de las relaciones entre los reinos cristianos y musulmanes de la Península Ibérica por un lado y los territorios mameluco y otomano por otro, y 3) una discusión de la fecha de las dos versiones de la casida, así como su autoría. Parece probable que el autor de la casida perteneciera a círculos de musulmanes granadinos que habían formado parte de las clases dirigentes de Granada y que luego habían aceptado puestos en la administración cristiana de la ciudad, como son, por ejemplo, varios miembros de la familia al-Baqannī, algunos de los cuales habían emigrado con Ibn al-Azraq al Norte de África, pero regresaron para integrarse en los grupos dirigentes mudéjares. (shrink)

El trabajo expone, analiza, y evalúa los datos de una nueva fuente sobre las visiones jurídicas de los ‛ulamā’ con respecto al estatuto islámico de las comunidades islámicas bajo dominio cristiano en la Península Ibérica desde el siglo XII hasta el siglo XVI. Se trata de una fetua desconocida e inédita del sabio andalusí Ibn Rabī‛ y fetuas desconocidas de los principales cadíes de los cuatro madhabs sunníes en El Cairo hacia 1510 A.D. Muy probablemente, hay que relacionar la primera (...) fetua con los acontecimientos en Murcia tras la sublevación mudejar de 1265 y la reconquista cristiana de la ciudad en 1266. El muftí subraya que los musulmanes que viven bajo dominio cristiano están imperativamente obligados a emigrar a territorio islámico. Los principales cadíes de los cuatro madhabs sunníes en El Cairo al principio del siglo XVI, sin embargo, defienden un modo de ver mucho más pragmático. Probablemente, las preguntas fueron planteadas por mudejares de Valencia, que estaban en El Cairo camino de la peregrinación. Finalmente, los autores plantean que hay que distinguir dos tipos coexistentes de visiones con respecto al estatuto del Islam bajo dominio cristiano en la Península Ibérica desde principios del siglo xii; una visión pragmática, equivalente a un reconocimiento de facto del Islam bajo dominio cristiano, y una visión «de rechazo», que asume la obligación de emigrar de la España cristiana a Dār al-Islām. El impacto variable de estas visiones jurídicas merece un estudio más profundo dentro del ambiente histórico de las complejas y cambiantes relaciones políticas entre Islam y Cristiandad en esa época. (shrink)

Este artículo está dedicado al famoso pergamino encontrado en 1588 en el antiguo minarete de la que había sido mezquita aljama de Granada, con textos en árabe, latín y castellano. Junto con los libros plúmbeos descubiertos en diversas cuevas a las afueras de la ciudad entre 1595 y 1600, el pergamino está en los orígenes de un importante culto nacional. El artículo presenta un análisis de la composición y escritura del pergamino y pasa revista a las trascripciones y traducciones que (...) se hicieron por testigos cristianos y musulmanes . Éstas se comparan críticamente con los principales elementos del pergamino y se discuten los comentarios paleográfícos hechos por estos testigos contemporáneos . Como conclusión, los autores mantienen que el documento transferido desde el Vaticano en el año 2000, es el original encontrado en 1588 a pesar de lo incomprensible de los textos árabes y de la corrupción de los textos castellano y latino Según los autores, no hay base para considerar al pergamino como documento proto-islámico, puesto que se trata de un mensaje católico romano anunciando la destrucción del islam. Al mismo tiempo, el documento incluye un mensaje simbólico al mostrar que los cristianos granadinos del siglo I, incluyendo a Cecilius, escribían árabe y castellano, lo mismo que hacían los moriscos. Así, aunque el Islam había de ser extirpado, la lengua árabe se podía armonizar con una vida genuinamente cristiana. (shrink)

Integrating responses of Nietzsche to the death of God with classic instances of modernist political theory, a constituent parallel is drawn between monotheistic religion and modern law — a parallel in that each matches the other, but a parallel also in that neither ever meets the other. This relation yet differentiation reveals an ontologically challenging modern law that conforms to, yet completely counters, its positivist and instrumental subordinations in modernity.

Balancing Change and Tradition in Global Education Reform is an invaluable resource for policymakers, faculty, students, and anyone interested in how decisions made about the education system ultimately affect the quality of education, educational access, and social justice.

The Free Market and the Human Condition explores the human condition as situated in the free market from a variety of academic disciplines. By relying upon contributors who approach the topic from their respective disciplines, the book provides an accumulated picture of the free market, the human condition, and the relationship between them.

Critical legal studies is one of the most challenging developments in the contemporary study of law. Drawing heavily on the radical political culture of the period since the 1960s, critical legal studies assents the necessity of a politics of law - a politics which sees law, not as something apart, but as engaged in the multitude of arguments, battles and struggles which produce the human condition. Such a committment decisively rejects the dominant tradition of Anglo-American legal scholarship, the expository orthodoxy (...) or, more crudely, the 'black-letter law' approach. The essays in this book provide the first wide ranging exploration of the aims and scope of critical legal studies in Britain. They draw on a diversity of intellectual traditions, including feminism, Marxism, critical theory and deconstruction and explore the implications of the critical approach for important areas such as property, contract, company, and labour law. (shrink)

The science and technology of genetic testing is rapidly advancing with the consequences that genetic testing may well offer the prospect of being able to detect the onset of future disabilities. Some recent research also indicates that certain behavioural profiles may have a strong genetic basis, such as the determination to succeed and win or the propensity for risk-taking, which may be of interest to third parties. However, as this technology becomes more prevalent there is a danger that the genetic (...) information may be misused by entities such as employers, insurance companies, educational facilities, and finance companies and that people with particular genetic profiles may be discriminated against.This book explores the different types and the potential uses of genetic testing. The book highlights the ethical and legal dilemmas and the challenges arising as a result of emerging and rapidly advancing genetic science. Chapters in the book assess the importance and impact of the US Genetic Information Non-Discrimination Act (GINA) in the employment and health insurance contexts asking whether it is proving to be an effective tool in addressing the issue of genetic discrimination and alleviating individuals' fears of discrimination. The book then goes on to make the case for regulation at the European Union level in order to protect the privacy of genetic information and to prevent the discriminatory use of genetic information in Europe. It considers what can be learnt from the experience of the US in addressing ethical and legal issues as well as the impact that the UN Convention on the Rights of Persons with Disabilities is having on this debate within the EU. (shrink)

Initially, deliberative politics offers a failure of self‐identity in that the literature dealing with it divides between its determinate elevation in terms of reason, and such, and its dissipation in response to the diversity of interests pressing on it. Next, drawing on the resources of poststructural jurisprudence and by way of locating law at a defining limit of deliberative politics, a similar divide is found in law itself. Then, more productively, law is shown to be constituted with‐in that divide and (...) to take characteristic content from it. Finally, the analysis is returned to deliberative politics where the divide found in the literature can now be seen as offering this politics possibilities of effective constitution and distinctive content. (shrink)

This volume constitutes the refereed proceedings of the Fourth International Conference on Conceptual Structures, ICCS '96, held in Sydney, Australia, in August 1996. The book presents five full papers by the invited speakers together with 15 revised full papers selected for presentation at the conference from a respectable number of submissions. The issues addressed are natural language processing, information retrieval, graph operations, conceptual graph and Peirce theory, knowledge acquisition, theorem proving and CG programming, and order-based organisation and encoding.

Essays dealing with the question of how "sense of place" is constructed, in a variety of locations and media.

In her paper, 'The Open Universe: Totality, Self-reference and Time', Ismael argues that the agent experience of dynamic time, in which the world comes into being, is more than 'mere appearance'. The key to her argument is that the actual world includes agents (minds) and their corresponding agential (mental) activity, which Ismael describes as 'the crucial step down from 'mere appearance' to actuality'. We present here a model of an agent as a complex physical system with a view to providing (...) a tenable illustration of Ismael's schema for understanding the 'actuality' of time. The radical implication for physical time as a result is that there is, in Ismael's words, 'no pure... conception of the way [the] world is independently of ourselves and our representational activity', but rather only 'embodied and engaged' knowledge of the world. (shrink)

Mood profiling has a long history in the field of sport and exercise. Several novel mood profile clusters were identified and described in the literature recently (Parsons-Smith, Terry, & Machin, 2017). In the present study, we investigated whether the same clusters were evident in an Italian language, sport and exercise context. The Italian Mood Scale (ITAMS; Quartiroli, Terry, & Fogarty, 2017) was administered to 950 Italian-speaking sport participants (659 females, 284 males, 7 unspecified; age range = 16–63 yr., M = (...) 25.03, SD = 7.62) and seeded k-means clustering methodology applied to the responses. Six distinct mood profiles were identified, termed the iceberg, inverse iceberg, inverse Everest, shark fin, surface, and submerged profiles, which closely resembled those reported among English-speaking participants (Parsons-Smith et al., 2017). Significant differences were found in the distribution of specific mood profiles across gender and age groups. Findings supported the cross-cultural generalizability of the six mood profiles and offer new research avenues into their antecedents, correlates and behavioral consequences in Italian-language contexts. (shrink)

The Monographs produced by the International Agency for Research on Cancer (IARC) apply rigorous procedures for the scientific review and evaluation of carcinogenic hazards by independent experts. The Preamble to the IARC Monographs, which outlines these procedures, was updated in 2019, following recommendations of a 2018 expert Advisory Group. This article presents the key features of the updated Preamble, a major milestone that will enable IARC to take advantage of recent scientific and procedural advances made during the 12 years since (...) the last Preamble amendments. The updated Preamble formalizes important developments already being pioneered in the Monographs Programme. These developments were taken forward in a clarified and strengthened process for identifying, reviewing, evaluating and integrating evidence to identify causes of human cancer. The advancements adopted include strengthening of systematic review methodologies; greater emphasis on mechanistic evidence, based on key characteristics of carcinogens; greater consideration of quality and informativeness in the critical evaluation of epidemiological studies, including their exposure assessment methods; improved harmonization of evaluation criteria for the different evidence streams; and a single-step process of integrating evidence on cancer in humans, cancer in experimental animals and mechanisms for reaching overall evaluations. In all, the updated Preamble underpins a stronger and more transparent method for the identification of carcinogenic hazards, the essential first step in cancer prevention. (shrink)

The purpose of this valuable book is to consider recent cultural trends in bioethics from a Catholic perspective. Bioethics is intended for a lay audience interested in understanding bioethical issues from a Catholic perspective.

What were Shakespeare's final thoughts on history, tragedy, and comedy? Shakespeare's Last Plays focuses much needed scholarly attention on Shakespeare's "Late Romances." The work--a collection of newly commissioned essays by leading scholars of classical political philosophy and literature--offers careful textual analysis of Pericles, Prince of Tyre, Cymbeline, The Winter's Tale, The Tempest, All is True, and The Two Noble Kinsmen. The essays reveal how Shakespeare's thought in these final works compliments, challenges, fulfills, or transforms previously held conceptions of the playwright (...) and his political-philosophical views. (shrink)

This book assesses how Vatican II opened up the Catholic Church to encounter, dialogue, and engagement with other world religions. Opening with a contribution from the President of the Pontifical Council for Interreligious Dialogue, Cardinal Jean-Louis Tauran, it next explores the impact, relevance, and promise of the Declaration Nostra Aetate before turning to consider how Vatican II in general has influenced interfaith dialogue and the intellectual and comparative study of world religions in the postconciliar decades, as well as the contribution (...) of particular past and present thinkers to the formation of current interreligious and comparative theological methods. Additionally, chapters consider interreligious dialogue vis-à-vis theological anthropology in conciliar documents; openness to the spiritual practices of other faith traditions as a way of encouraging positive interreligious encounter; the role of lay and new ecclesial movements in interreligious dialogue; and the development of Monastic Interreligious Dialogue. Finally, it includes a range of perspectives on the fruits and future of Vatican’s II’s opening to particular faiths such as Judaism, Islam, Hinduism, and Buddhism. (shrink)

Pancreatitis is a complex, progressively destructive inflammatory disorder. Alcohol was long thought to be the primary causative agent, but genetic contributions have been of interest since the discovery that rare PRSS1, CFTR and SPINK1 variants were associated with pancreatitis risk. We now report two associations at genome-wide significance identified and replicated at PRSS1-PRSS2 and X-linked CLDN2 through a two-stage genome-wide study. The PRSS1 variant likely affects disease susceptibility by altering expression of the primary trypsinogen gene. The CLDN2 risk allele is (...) associated with atypical localization of claudin-2 in pancreatic acinar cells. The homozygous CLDN2 genotype confers the greatest risk, and its alleles interact with alcohol consumption to amplify risk. These results could partially explain the high frequency of alcohol-related pancreatitis in men. © 2012 Nature America, Inc. All rights reserved. (shrink)

Progressive supranuclear palsy is a movement disorder with prominent tau neuropathology. Brain diseases with abnormal tau deposits are called tauopathies, the most common of which is Alzheimer's disease. Environmental causes of tauopathies include repetitive head trauma associated with some sports. To identify common genetic variation contributing to risk for tauopathies, we carried out a genome-wide association study of 1,114 individuals with PSP and 3,247 controls followed by a second stage in which we genotyped 1,051 cases and 3,560 controls for the (...) stage 1 SNPs that yielded P ≤ 10-3. We found significant previously unidentified signals associated with PSP risk at STX6, EIF2AK3 and MOBP. We confirmed two independent variants in MAPT affecting risk for PSP, one of which influences MAPT brain expression. The genes implicated encode proteins for vesicle-membrane fusion at the Golgi-endosomal interface, for the endoplasmic reticulum unfolded protein response and for a myelin structural component. © 2011 Nature America, Inc. All rights reserved. (shrink)

There is no more important question in thinking about life-and actually living-in political community than whether it is to be permeated by, and purposefully oriented around, the main truths about human flourishing. It is at least paradoxical that, precisely when the state and its law and political life are shaping people's lives more and more, the professed roots of all this influence are growing thinner, more shallow. Lawmakers who profess and in many cases even think they should be "neutral" about (...) values are more involved with how persons' lives go than, perhaps, ever before. Of course, any community which has lost faith in the truth about human wellbeing is going to be quite befuddled by the question. But the perennial centrality of the question about truth and politics can be obscured for understandable reasons. One is the immediate urgency of so many practical challenges, such as settling the defense or state budget, protecting against terrorist attack, or deciding what to do about a nuclear-armed North Korea. Attention to the fundamental question is attenuated, too, by focus upon diffuse problems which affect nearly everyone daily, such as getting good healthcare coverage or creating jobs. Significant public debates about moral issues affecting policy are still common. But they tend to be episodic, and wary of getting down to foundations. When Americans argue today about immigration policy and capital punishment, for instance, they rely upon profound ethical beliefs. All too often, however, they link these commitments not to the objective moral truth at the heart of the matter, but instead to past practices, or to communal identity as a matter of fact who we are!"). (shrink)