This paper addresses the question of whether all that unites the main parts of John Stuart Mill’s On Liberty—the liberty principle, the defense of free discussion, the promotion of individuality, and the claims concerning individual competence about one’s own good—is a general concern with individual liberty, or whether we can say something more concrete about how they are related. I attempt to show that the arguments of On Liberty exemplify Mill’s institutional design approach set out in Considerations of (...) Representative Government and related works. Mill’s approach reflects both his debt to Bentham and his own progressive development of the utilitarian tradition. The paper proceeds by setting out the elements of Mill’s institutional designs and then showing that On Liberty neatly applies them, thereby clarifying the structure of the arguments of On Liberty. (shrink)

It is conventional wisdom among political philosophers that ideal principles of justice must guide our attempts to design institutions to avert actual injustice. Call this the ideal guidance approach. I argue that this view is misguided— ideal principles of justice are not appropriate "guiding principles" that actual institutions must aim to realize, even if only approximately. Fortunately, the conventional wisdom is also avoidable. In this paper, I develop an alternative approach to institutional design, which I call (...) class='Hi'>institutional failure analysis. The basic intuition of this approach is that our moral assessment of institutional proposals is most effective when we proceed from a detailed understanding of the causal processes generating problematic social outcomes. Failure analysis takes the institutional primary design task to be obviating or averting institutional failures. Consequently, failure analysis enables theorists to prescribe more effective solutions to actual injustice because its focuses on understanding the injustice, rather than specifying an ideal of justice. (shrink)

The urgent need to address climate change poses a range of complex moral and practical concerns, not least because rising to the challenge will require cooperation among countries that differ greatly in their wealth, the extent of their contributions to the problem, and their vulnerability to environmental and economic shocks. This thesis by publication in the field of climate ethics aims to characterise a range of national responsibilities associated with acting on climate change (Part I), and to identify proposals for (...) fulfilling those responsibilities through fair and feasible institutional arrangements (Part II). I aim not only to address substantive gaps in scholarly understanding of those responsibilities, but also to strengthen the ability of climate ethics to engage meaningfully with climate policy. Chapter 2 addresses the question of whether wealthy countries owe a “climate debt” to poor countries. It finds that even if climate debt (suitably interpreted) may provide a coherent and morally plausible concept, its political value as a discursive frame that can provide a basis for cooperation is limited. Chapter 3 investigates the role that equity may play in negotiations on a long-term climate change agreement. It argues that developed and developing countries may reach a “principled bargain” if both converge on a way of differentiating their responsibilities that places less emphasis on a rigid dichotomy between the two groups and more emphasis on objective criteria relating to their contribution to the problem and capacity to address it. Chapter 4 explores a question largely overlooked in climate ethics, namely whether wealthy countries owe compensation to those who are adversely affected by the climate policies which they enact. I find that enacting countries have responsibilities to compensate both domestic and foreign citizens who would suffer disproportionate losses from the effects of policies. Chapter 5 assesses whether wealthy countries may legitimately adopt unilateral (or “fragmented”) rather than multilaterally coordinated approaches to raising climate finance for developing countries. It finds that coordinated target-setting, effort sharing and oversight arrangements are essential, but that a mix of unilateral and coordinated approaches to raising funds will be necessary for securing legitimacy. In Chapter 6, through addressing the broader question of what should count as official aid, I consider whether wealthy countries may draw on aid budgets to support developing countries’ efforts to address climate change. I find that the current definition of official aid should be retained but supplemented by specified exclusions from eligibility in order to preserve the aid regime’s integrity. Nevertheless, some climate finance may justifiably be counted as aid provided that concerns relating to the diversion of aid funding are addressed. In addressing these research questions, the thesis seeks not only to make original theoretical contributions to climate ethics but also to strengthen broader scholarly understanding of the ways in which ethics and international public policy may inform one another, particularly by highlighting the role of framing considerations (Chapter 2), feasibility considerations (Chapter 3), and the ways in which principles of fairness and legitimacy map onto institutional functions (Chapters 4, 5 and 6). (shrink)

Background Implicit biases are present in the general population and among professionals in various domains, where they can lead to discrimination. Many interventions are used to reduce implicit bias. However, uncertainties remain as to their effectiveness. -/- Methods We conducted a systematic review by searching ERIC, PUBMED and PSYCHINFO for peer-reviewed studies conducted on adults between May 2005 and April 2015, testing interventions designed to reduce implicit bias, with results measured using the Implicit Association Test (IAT) or sufficiently similar methods. (...) -/- Results 30 articles were identified as eligible. Some techniques, such as engaging with others’ perspective, appear unfruitful, at least in short term implicit bias reduction, while other techniques, such as exposure to counterstereotypical exemplars, are more promising. Robust data is lacking for many of these interventions. -/- Conclusions Caution is thus advised when it comes to programs aiming at reducing biases. This does not weaken the case for implementing widespread structural and institutional changes that are multiply justified. (shrink)

The conjunction of wireless computing, ubiquitous Internet access, and the miniaturisation of sensors have opened the door for technological applications that can monitor health and well-being outside of formal healthcare systems. The health-related Internet of Things (H-IoT) increasingly plays a key role in health management by providing real-time tele-monitoring of patients, testing of treatments, actuation of medical devices, and fitness and well-being monitoring. Given its numerous applications and proposed benefits, adoption by medical and social care institutions and consumers may be (...) rapid. However, a host of ethical concerns are also raised that must be addressed. The inherent sensitivity of health-related data being generated and latent risks of Internet-enabled devices pose serious challenges. Users, already in a vulnerable position as patients, face a seemingly impossible task to retain control over their data due to the scale, scope and complexity of systems that create, aggregate, and analyse personal health data. In response, the H-IoT must be designed to be technologically robust and scientifically reliable, while also remaining ethically responsible, trustworthy, and respectful of user rights and interests. To assist developers of the H-IoT, this paper describes nine principles and nine guidelines for ethical design of H-IoT devices and data protocols. (shrink)

Designer babies are often presented in the popular media as a kind of apocalyptical spectre of things to come in a brave new world where reproduction is the province of white coated scientists and potential parents in pursuit of trophy children. In this realm physical, intellectual, and social perfection is sought through the manipulation of genes and selection of favoured traits and attributes to the detriment of individuals who cannot compete and of society more generally through the loss of natural (...) selection. It is therefore a pleasure to discover a short readable book that sets out the discussion and its many nuances in concise and accurate terms that will be accessible to all and should help to dispel some of these science fiction myths through scholarly debate.This volume is part of a collection of books under the title Debating Matters that sprang out of a series of public debates organised by the Institute of Ideas. The conferences were intended to reinvigorate debate and the contestation of ideas and contemporary issues the Institute regards as “too frequently sidelined”. The arguments are presented by an authoritative who’s who of commentators who offer their own insightful readings of various aspects of the debate. Each essayist confirms the fact that the term “ designer babies ” is an inaccurate reflection of the current ability of science to actively fashion children with selected characteristics, and as a result …. (shrink)

Institutions to address short-termism in public policymaking and to more suitably discharge our duties toward future generations have elicited much recent normative research, which this chapter surveys. It focuses on two prominent institutions: insulating devices, which seek to mitigate short-termist electoral pressures by transferring authority away to independent bodies, and constraining devices, which seek to bind elected officials to intergenerationally fair rules from which deviation is costly. The chapter first discusses sufficientarian, egalitarian, and prioritarian theories of our duties toward future (...) generations, and how an excessive focus on the short term in policymaking may hinder that such duties be fulfilled. It then surveys constraining and insulating devices, and inspects their effectiveness to address the epistemic, motivational, and institutional drivers of political short-termism as well as their intra- and intergenerational legitimacy. (shrink)

According to Wringe 2006 we have good reasons for accepting the existence of Global Collective Obligations - in other words, collective obligations which fall on the world’s population as a whole. One such reason is that the existence of such obligations provides a plausible solution a problem which is sometimes thought to arise if we think that individuals have a right to have their basic needs satisfied. However, obligations of this sort would be of little interest – either theoretical or (...) practical – if they did not give rise, either directly or indirectly, to any kinds of reasons for individuals to behave in certain ways. -/- In this paper, I shall argue that in many situations, forward-looking global obligations give rise to an obligation on individuals to work towards bringing into existence and support an institutional system which will enable their obligations to be met. My argument for this conclusion involves two steps. In the first step, I address a general question about how collective obligations can give rise to individual obligations without being reducible to them, and which obligations they give rise to. Here I give a Kant-inspired argument, based on the principles that ‘ought implies can’ and that the content of the moral law is given by reflecting on how agents should legislate in a kingdom of ends, which is designed to show that collective obligations can give rise to individual obligations. In the second step I apply this principle to the case of global forward-looking obligations. (shrink)

This study used a partial least squares structural equation modelling (PLS-SEM) to estimate curriculum management's direct and indirect effects on university graduate programmes' viability. The study also examined the role of institutional effectiveness in mediating the nexus between the predictor and response variables. This is a correlational study with a factorial research design. The study's participants comprised 149 higher education administrators (23 Faculty Deans and 126 HODs) from two public universities in Nigeria. A structured questionnaire designed by the (...) researchers was used for data collection. The questionnaire was duly validated with an acceptable scale and item content validity indices. The dimensionality of the instrument was determined using exploratory factor analysis (EFA). Convergent validity was based on Average Variance Extracted (AVE), whereas discriminant validity was based on Fornell-Lacker criteria and the Hetero-Trait Mono-Trait (HTMT) ratio. Acceptable composite reliability estimates of internal consistency were reached for the three sub-scales. Following ethical practices, the questionnaire was physically administered to respondents and retrieved afterwards. Smart PLS (version 3.2.9) and SPSS (version 26.0) programs were used for all the statistical analyses. This study uncovered significant direct and indirect effects of curriculum management on the viability of graduate programmes. Institutional effectiveness significantly impacted graduate programmes’ viability while mediating the nexus between curriculum management and graduate programmes’ viability. Curriculum management and institutional effectiveness jointly explained a significant proportion of graduate programmes’ viability variance. The result of this study proved that graduate programmes’ viability depends, to a great extent, on how much curriculum is managed and how effective institutions are with their services. The result of this study can enable institutions seeking to run viable graduate programmes to re-evaluate their curriculum management practices and the effectiveness of their services. (shrink)

This study was conducted to investigate the degree to which institutional variables such as: institutional location, ownership and leadership influence the job performance of academic staff across three dimensions: teaching, research productivity and community service. This ex-post facto study by design, tested three hypotheses. A total of 449 academic, randomly drawn from three (one private and two public) universities in Cross River State, Nigeria, participated in the study. Three sets of questionnaires were used for data collection after (...) due validity and reliability tests. They included the “Institutional Variables Questionnaire (IVQ)”, the “Research Productivity and Community Service Questionnaire (RPCSQ)”, and the “Staff Instructional Delivery Questionnaire (SIDQ).” Collected data were analysed using the independent sample t-test, one-way analysis of variance (ANOVA) and simple linear analysis. Findings indicated that institutional location significantly impacts university academic staff across multiple dimensions—teaching, research, and community service— with urban institutions consistently demonstrating higher scores than their rural counterparts. There was a significant influence of institutional ownership on research productivity unlike teaching and community service. Federal institutions exhibited higher research productivity than both state and private universities. Institutional leadership significantly influenced research productivity and community service engagement, but not in the dimension of teaching among the academic staff. This study underscores the need for a holistic approach to enhancing academic staff performance. It emphasizes the importance of strategic resource allocation, collaborative endeavours, and strong leadership to create an environment where teaching, research, and community service thrive. (shrink)

This paper develops a normative framework for both conceptualizing and assessing various institutional possibilities for democratic modes of constitutional change, with special attention to the recent ferment of constitutional experimentation. The paper’s basic methodological orientation is interdisciplinary, combining research in comparative constitutionalism, political science and normative political philosophy. In particular, it employs a form of normative reconstruction: attempting to glean out of recent institutional innovations the deep political ideals such institutions embody or attempt to realize. Starting from the (...) assumption that contemporary constitutional democracies are attempting to realize the broader ideals of deliberative democratic constitution (ideals outlined briefly in the first section), the paper proposes an evaluative framework, comprised of six criteria, for assessing various mechanisms of constitutional change. It argues that democratic forms of constitutional change embody six distinct ideals—operationalizability, structural independence, democratic co-authorship, political equality, inclusive sensitivity, and reasons-responsiveness—and that these ideals can be used to gauge the normative worth of different mechanisms for carrying out such change. The framework is developed with reference to recent constitutional developments (e.g., in Venezuela, South Africa, Columbia, Bolivia, and Iceland) highlighting distinct criteria and showing how they appear to capture the general direction of institutional innovation. The paper conjectures that the set of six criteria yield the best normative reconstruction of the crucial ideals embodied in the constitutional change mechanisms of contemporary constitutional democracies, and so, ought to be used for purposes of evaluating institutional design proposals. (shrink)

Designing in Ethics provides a compilation of well-curated essays that tackle the ethical issues that surround technological design and argue that ethics must form a constitutive part of the designing process and a foundation in our institutions and practices. The appropriation of a design approach to applied ethics is argued as a means by which ethical issues that implicate technological artifact may be achieved.

This work aims to study strategies used in Argentine local development experiences, focussing on industrial design, marketing and entrepreneurship. In order to this purpose, backgrounds are analysed with this approach adding the study of three strategic plans for national and provincial-level that are currently in force. With the analysis of the transport system in the last decade, an accelerated cost increase is evident, resulting in a relatively higher price of distributed products. This situation that was initially perceived as a (...) disadvantage finally set up an opportunity to produce locally. The goal of this paper is to provide tools that contribute to the work shipped by key institutions for local development (public, private and intermediary organisations), and the way these interact with the actors and the territory. In particular, the identification of productive sectors and the selection of goods that can be produced and consumed locally, as a key input for the formulation of projects. (shrink)

This paper was chosen from ninety papers presented at (Conference on Higher Education in the Islamic world: challenges and prospects, Malaysia in 2008) to be chapter of the book “Higher education in the Islamic world: challenges and prospects” During the human history, philosophy organizes education, and the societies revert to philosophy to regulate education policy .Philosophy contributes to: suggesting education goals, provide the learning outcome, classification of topics and learning activities in educational institutions , and proposes an educational curriculum The (...) paper titled The Design of Curricula in the Universities: College of Humanities and Social Sciences UAEU Model, which introduced the vocabulary in which modernist experiment in the UAEU. It shows that the process of curriculum design has been in the holistic pattern in the Faculty of Humanities and Social Sciences, where it began re-building the organizational structure of the college, update regulations, activate the systems, and designing curriculum using modern technical and the English language into the curriculum for each specialty. (shrink)

The concept of imperium is central to Spinoza's political philosophy. Imperium denotes authority to rule, or sovereignty. By extension, it also denotes the political order structured by that sovereignty, or in other words, the state. Spinoza argues that reason recommends that we live in a state, and indeed, humans are hardly ever outside a state. But what is the source and scope of the sovereignty under which we live? In some sense, it is linked to popular power, but how precisely, (...) and how is this popular grounding to be reconciled with the absolutist elements in Spinoza's texts? Against prominent liberal and radical democratic interpretations, I argue that Spinoza's insistence on linking imperium to the power of the people amounts to a normative attitude towards politics in which the formal features of a political system are less significant than the concrete everyday functioning of that system. Furthermore, I argue that its good functioning is importantly a product of an institutional order which does not simply defer to human individuality or to the primordial multitude, but instead, actively shapes them. While it may be worthwhile railing against monarchy and aristocracy and demanding liberal or radical democracy, the prior and more important challenge is to increase the robustness and resilience of the multitude within whatever form of state presents itself, through boring, meticulous, and incremental institutional design. For Spinoza, it is a robust and resilient political order that truly merits being called absolute. (shrink)

Can new technology enhance purpose-driven, democratic dialogue in groups, governments, and societies? Online Deliberation: Design, Research, and Practice is the first book that attempts to sample the full range of work on online deliberation, forging new connections between academic research, technology designers, and practitioners. Since some of the most exciting innovations have occurred outside of traditional institutions, and those involved have often worked in relative isolation from each other, work in this growing field has often failed to reflect the (...) full set of perspectives on online deliberation. This volume is aimed at those working at the crossroads of information/communication technology and social science, and documents early findings in, and perspectives on, this new field by many of its pioneers. -/- CONTENTS: -/- Introduction: The Blossoming Field of Online Deliberation (Todd Davies, pp. 1-19) -/- Part I - Prospects for Online Civic Engagement -/- Chapter 1: Virtual Public Consultation: Prospects for Internet Deliberative Democracy (James S. Fishkin, pp. 23-35) -/- Chapter 2: Citizens Deliberating Online: Theory and Some Evidence (Vincent Price, pp. 37-58) -/- Chapter 3: Can Online Deliberation Improve Politics? Scientific Foundations for Success (Arthur Lupia, pp. 59-69) -/- Chapter 4: Deliberative Democracy, Online Discussion, and Project PICOLA (Public Informed Citizen Online Assembly) (Robert Cavalier with Miso Kim and Zachary Sam Zaiss, pp. 71-79) -/- Part II - Online Dialogue in the Wild -/- Chapter 5: Friends, Foes, and Fringe: Norms and Structure in Political Discussion Networks (John Kelly, Danyel Fisher, and Marc Smith, pp. 83-93) -/- Chapter 6: Searching the Net for Differences of Opinion (Warren Sack, John Kelly, and Michael Dale, pp. 95-104) -/- Chapter 7: Happy Accidents: Deliberation and Online Exposure to Opposing Views (Azi Lev-On and Bernard Manin, pp. 105-122) -/- Chapter 8: Rethinking Local Conversations on the Web (Sameer Ahuja, Manuel Pérez-Quiñones, and Andrea Kavanaugh, pp. 123-129) -/- Part III - Online Public Consultation -/- Chapter 9: Deliberation in E-Rulemaking? The Problem of Mass Participation (David Schlosberg, Steve Zavestoski, and Stuart Shulman, pp. 133-148) -/- Chapter 10: Turning GOLD into EPG: Lessons from Low-Tech Democratic Experimentalism for Electronic Rulemaking and Other Ventures in Cyberdemocracy (Peter M. Shane, pp. 149-162) -/- Chapter 11: Baudrillard and the Virtual Cow: Simulation Games and Citizen Participation (Hélène Michel and Dominique Kreziak, pp. 163-166) -/- Chapter 12: Using Web-Based Group Support Systems to Enhance Procedural Fairness in Administrative Decision Making in South Africa (Hossana Twinomurinzi and Jackie Phahlamohlaka, pp. 167-169) -/- Chapter 13: Citizen Participation Is Critical: An Example from Sweden (Tomas Ohlin, pp. 171-173) -/- Part IV - Online Deliberation in Organizations -/- Chapter 14: Online Deliberation in the Government of Canada: Organizing the Back Office (Elisabeth Richard, pp. 177-191) -/- Chapter 15: Political Action and Organization Building: An Internet-Based Engagement Model (Mark Cooper, pp. 193-202) -/- Chapter 16: Wiki Collaboration Within Political Parties: Benefits and Challenges (Kate Raynes-Goldie and David Fono, pp. 203-205) -/- Chapter 17: Debian’s Democracy (Gunnar Ristroph, pp. 207-211) -/- Chapter 18: Software Support for Face-to-Face Parliamentary Procedure (Dana Dahlstrom and Bayle Shanks, pp. 213-220) -/- Part V - Online Facilitation -/- Chapter 19: Deliberation on the Net: Lessons from a Field Experiment (June Woong Rhee and Eun-mee Kim, pp. 223-232) -/- Chapter 20: The Role of the Moderator: Problems and Possibilities for Government-Run Online Discussion Forums (Scott Wright, pp. 233-242) -/- Chapter 21: Silencing the Clatter: Removing Anonymity from a Corporate Online Community (Gilly Leshed, pp. 243-251) -/- Chapter 22: Facilitation and Inclusive Deliberation (Matthias Trénel, pp. 253-257) -/- Chapter 23: Rethinking the ‘Informed’ Participant: Precautions and Recommendations for the Design of Online Deliberation (Kevin S. Ramsey and Matthew W. Wilson, pp. 259-267) -/- Chapter 24: PerlNomic: Rule Making and Enforcement in Digital Shared Spaces (Mark E. Phair and Adam Bliss, pp. 269-271) -/- Part VI - Design of Deliberation Tools -/- Chapter 25: An Online Environment for Democratic Deliberation: Motivations, Principles, and Design (Todd Davies, Brendan O’Connor, Alex Cochran, Jonathan J. Effrat, Andrew Parker, Benjamin Newman, and Aaron Tam, pp. 275-292) -/- Chapter 26: Online Civic Deliberation with E-Liberate (Douglas Schuler, pp. 293-302) -/- Chapter 27: Parliament: A Module for Parliamentary Procedure Software (Bayle Shanks and Dana Dahlstrom, pp. 303-307) -/- Chapter 28: Decision Structure: A New Approach to Three Problems in Deliberation (Raymond J. Pingree, pp. 309-316) -/- Chapter 29: Design Requirements of Argument Mapping Software for Teaching Deliberation (Matthew W. Easterday, Jordan S. Kanarek, and Maralee Harrell, pp. 317-323) -/- Chapter 30: Email-Embedded Voting with eVote/Clerk (Marilyn Davis, pp. 325-327) -/- Epilogue: Understanding Diversity in the Field of Online Deliberation (Seeta Peña Gangadharan, pp. 329-358). -/- For individual chapter downloads, go to odbook.stanford.edu. (shrink)

This essay examines some of the institutional arrangements that underlie corruption in democracy. It begins with a discussion of institutions as such, elaborating and extending some of John Searle’s remarks on the topic. It then turns to an examination of specifically democratic institutions; it draws here on Joshua Cohen’s recent Rousseau: A Free Community of Equals. One of the central concerns of Cohen’s Rousseau is how to arrange civic institutions so that they are able to perform their public functions (...) without being easily abused by their members for individual gain. The view that Cohen sketches on behalf of Rousseau offers a clear framework for articulating institutional corruption in democracy. With this account of democratic institutions in place, the essay turns the discussion to the role of transparency in deterring institutional corruption. The basic thought here is perhaps unsurprising: to ensure that a democratic institution is serving its public function and not being manipulated for self-interested gain, its activities must be subject to public scrutiny, and so these activities must be transparent to the public. Saying this makes the role of transparency in a well-functioning democracy clear, but it does not settle how transparency is to be realized. The essay argues that transparency can be realized in a democracy only by an extra-governmental institution that has several of the familiar features of the press. If this is correct, it follows that in its design and in many, though not all, of its activities, WikiLeaks provides a contemporary example of such an institution. (shrink)

This study evaluated the relationship between participative management practices and institutional goal attainment among Nigerian universities, with University of Calabar in focus. To achieve the purpose of the study, two research questions and two null hypotheses where developed to guide the study. The descriptive survey research design was adopted for the study. The population and sample of the study was one hundred and twenty-two (122) deans of faculties and heads of departments using the census approach. An instrument titled (...) Participative Management Practices and Institutional Goal Attainment Questionnaire (PMPIGAQ) was used for data collection. The instrument was validated by three experts in Higher Education Administration and Measurement and Evaluation. The instrument yielded Cronbach’s reliability alpha ranging from α=.75-86. Data were collected and analyzed through mean, Standard deviation, Pearson Product Moment Correlation Analysis. The results of the study showed that there is a significant relationship between participation in decision making, participation in planning and institutional goal attainment. It was recommended that managers of universities should promote participatory management practices to enhance high morale, commitment and enthusiasm among staff in the pursuit and attainment of institutional goals. (shrink)

Today, a rights-based approach to technology regulation is central to national and international law-making. A human-rights-based approach would involve viewing technology from the prism of human rights objectives and principles. A more specific turn would be to evaluate their impact on specific rights, namely the right to life, right to peaceful assembly, right to development, right to redressal, rights against discrimination, right to education, etc. Normative frameworks have emerged to further protect human rights from technology-based harms. This paper covers a (...) few conceptual and institutional considerations highlighted in seminal works from scholars and international human rights institutions. To name a few; (1) technology and discriminatory challenges (2) design and use of technology (3) digital divide amongst countries (4) duty of actors, (5) neoliberal technologies, (6) the use of prohibitions and remedies, and (7) the emergence of new human rights. Much of the advocacy and rights-based interventions around the globe are attentive to technology’s challenges to human rights. The abovementioned considerations define the core of the international normative framework, which is often advanced to protect human rights from technology-based harms. (shrink)

What is the research for in the society? We may imagine the professionals engaged in these activities, shall we say, university professors, researchers in the public and private institutions, and even the lay inventors at home or in the neighborhood. The research is related with some of knowledge or ideas, which, however, should be creative and original. It is the main function of those professionals, and can develop in dissemination of the findings produced by research. It frontiers the knowledge of (...) humans which enables a better view of world and generates the public welfare. The scholars are often those professionals who are required or in some cases, squeezed to produce an original contribution to the specific field of academy. As the society develops, we now require a scientific knowledge beyond the plain understanding of the nature and society. The scientific knowledge is qualified of some elements, i.e., evidence-based, universal frame to be applied, sense of understanding, pragmatic in comprehension or application, more persuasion on theory, paradigm, typologies, intersubjectivity, empirical relevance and so. It informs a philosophy of humans, makes them conscientious and knowledgeable, as well as enhances a professional performance for not only their field but also other disciplines. For example, the criminal justice system borrows the idea or information confirmed by other disciplines, psychology and sociology notably. What is the Durham rule in the excuse of culpability? The scope of rule could not enjoy a persuasion if not to be supported by the works of psychologists. The scientific knowledge perhaps could recourse its most salient dynamism in coupling with an economic exploitation. A cultivation of knowledge to serve the economic use and its industrialization reveals it’s competitive edge in the society. The kind of concepts, information age, e-technology, and intellectual property rights are leading the present time of narrative as we see routinely. May new laws, and new concept of e-education or e-government, GMO products as well as the travel of universe in the near future also follow that the updated profile of scientific knowledge on the engineering and natural science contributed to expand our horizon of subsistence. (shrink)

This essay discusses how medieval authors from the thirteenth and fourteenth centuries dealt with a philosophical problem that social institutions pose for the Aristotelian dichotomy between natural and artificial entities. It is argued that marriage, political community, and language provided a particular challenge for the conception that things which are designed by human beings are artefacts. Medieval philosophers based their arguments for the naturalness of social institutions on the anthropological view that human beings are political animals by nature, but this (...) strategy required rethinking the borderline between nature and art. The limits of nature were extended, as social institutions were considered to be natural even though they are in many ways similar to artificial products. (shrink)

This book investigates the consecutive shifts between three types of intermediary institutions in the European context: Corporatist, Neo-corporatist and Governance institutions. It develops a new conceptual framework for understanding the function and position of intermediary institutions in society, as well as a vocabulary capable of explaining the causes and consequences of these shifts for politics, economy and society at large. The book is designed to fill a gap in three rather distinct, yet also overlapping bodies of literature: European Political Economy, (...) European Integration and governance studies, and socio-legal studies in the European context. -/- Reviews: - Anne Guisset: Transfer: European Review of Labour and Research, 22, 3, 427-429, 2016. -/- - Ian Bruff, Capital & Class, 40, 3, 555 – 57, 2016. -/- . (shrink)

This study investigated innovation management and effectiveness of educational research in tertiary institutions in Cross River State. One research question and one null hypothesis were formulated to direct the study. The study adopted factorial research design. Census technique was adopted by the researcher in selecting the entire population of 80 participants from four (4) tertiary institutions in Cross River State. “Innovation Management Questionnaire (IMQ)” and “Effectiveness of Educational Research Rating Scale (EERRS) were used as instruments for data collection. The (...) reliability of the instruments was established through test-retest method and reliability estimates of .89 and .86 were obtained. The null hypothesis was tested at .05 level of significance using multiple regression analysis with the aid of SPSS version 21. Findings from the study established a composite contribution of 70.5% of data management innovations, research ethics management, provision of research grants to effectiveness of educational research (Adj. R2= .705). The findings of this study also established that; data management innovations, research ethics management, and provision of research grants jointly has a significant influence on effectiveness of educational research (F = 64.055, p <.05). Data management innovations was the highest predictor (β = .501, t = 7.778), followed by research ethics management ethics management (β = .311, t = 3.956), and provision of research grants (β = .291, t = 3.707) in that order. Based on the findings, it was recommended, amongst others, that educational research data (including coded data) should be effectively managed by tertiary institutions using both manual and computerized data management devices with corresponding appropriate retrieval systems. (shrink)

The article investigates how the use of extended reality technologies and interactive digital interfaces have affected the design of exhibition spaces. Its main objective is to shed light on how these technologies have influenced the ways in which immersive art installations are conceived and experienced. Particular emphasis is placed on the impact of interactive technologies on how visitors experience exhibition spaces. The article examines an ensemble of immersive art cases, paying special attention to the distinction between immersion and interactivity. (...) Two concepts that are pivotal for understanding the transformations concerning the subjectivity of the exhibition visitor those of the “imagineer” and the “ultra-technologist”, which are analysed in the article. The intention is to render explicit how extended reality technologies have contributed to the design of immersive experiences, significantly influencing the interrelations between the technical, aesthetic and institutional aspects concerning exhibition design and the methods of dissemination of art. (shrink)

This study aims to identify various meanings of the expression (name) “dignity”, with particular emphasis on the meanings of this expression as it appears in the text of the Constitution of the Republic of Poland. The meaning of the name “dignity” is the concept of dignity; in turn, the different concepts of dignity encompass dignity of particular types. Twelve different meanings of the expression “dignity” are indicated – twelve different concepts of dignity, and thus twelve types of dignity. Half of (...) them are meanings (concepts) that recognize dignity as something belonging to a human being as a subject of law. They were considered in the essay Godność jako właściwość osoby. Typy godności – propozycja systematyzacji [Dignity as a Quality of Person – a Proposed Systematisation]. This group of meanings includes three concepts of dignity which recognize dignity as something constitutive of being a person: (1) inherent dignity of the person, (2) dignity established by qualities specific to a thinking being, and (3) dignity as a historically emergent social status of all human beings. The second group of meanings, treating dignity as something with which the human being (the person) is endowed, includes concepts which encompass (4) personal dignity (honour and good reputation), (5) dignity as moral excellence, and (6) dignity as appropriateness of attitude or behaviour. -/- Dignity as an attribute of collective entities and dignity as an institutionally grounded attribute are a subject of this paper. The Constitution of the Republic of Poland speaks of (1) the dignity of the Nation, (2) the dignity of office or function, and (3) public dignity. The expression “the dignity of the Nation” can be understood in four different ways: (i) analogously to the understanding of dignity of the person, (ii) of personal dignity, (iii) of dignity as moral excellence, and (iv) of dignity as appropriateness of attitude or behaviour. The expression “dignity” when designating something institutionally grounded can designate (4) the dignity of social roles, (5) the dignity of a profession, and – specifically to the Polish language – (6) dignity meaning a surname. -/- The author argues that it is unacceptable to ascribe different concepts of dignity to the expression “dignity” appearing in a specific legal provision. (shrink)

The research aims to design a proposed model of learning organizations as an entry point to achieve organizational excellence in the Palestinian universities of Gaza Strip. A random sample of workers were selected from the Palestinian universities consist of (286) employees at recovery rate of (70.3%). The study concluded with a set of results the most important of which: there is a statistically significant relationship between the components of learning organizations and achieving organizational excellence in the Palestinian universities of (...) Gaza Strip from the standpoint of the faculty members. One of the main recommendations of the study: establish the concept of learning organization in leaders and staff of the university through the establishment of specialized courses, and workshops. Turning the status of the university into a learning organization as a strategic objective and the performance of managers are measurement accordingly. Organize visits of the leaders of the university a to the top organizations in this field and to take advantage of their experience and encourage deans and heads of departments to involve their employees in the information on global trends and trends in learning organization through regular meetings. (shrink)

The paper reviewed financial resources which is a critical factor and component of Business Process Re-engineering in achieving academic performance of higher education institutions in the Democratic Republic of Congo. The objective of the study is to examine whether financial resources can contribute to improving and achieving academic performance of higher education institutions in general and students in particular. The study used a systematic literature review and content analysis was to establish the relationship between financial resources and academic performance. The (...) key findings are grouped in three dimensions: 1) financial resources; 2) budget and funding/financial model; 3) tuitions fees, scholarship and loans provision. The study found consistent evidence to show that there is a significant and positive relationship between financial resources and performance of higher education institutions. The study concluded that higher education sector in the Democratic Republic of Congo needs a radical change and fundamental rethinking in improving educational budget processes to meet the needs of the institutions, provision of scholarship and loans processes to students mainly those from poor background and designing innovative financial/funding model to sustain educational institutions. The study is based on academic capitalism theory. The recommendations were made based on the findings of the study. -/- . (shrink)

The aim of the research is to identify decision support systems and their impact on the development of the organizational structure in Palestinian higher education institutions. The research was applied to four Palestinian universities (Al-Aqsa University, the Islamic University, Al-Azhar University, the University of Palestine), and a sample of academics with an administrative position. The analytical descriptive approach was used and secondary data was obtained through a survey list distributed to the research community of academics in an administrative position using (...) the stratified random sample according to the university, and (250) survey lists were distributed and (216) were recovered with a recovery rate of (86.4%). The research concluded with a set of results, the most important of which is that there is a statistically significant relationship at the level of significance (α ≤ 0.05) between the dimensions of decision support systems: the potentials (material, human, technical, organizational) available for the use of decision support systems, the approval of senior management for the use of decision support systems. Training process and organizational structure development in Palestinian higher education institutions. The results also confirmed through the results of multiple linear regression that there is no effect of the two variables (available material capabilities, available human capabilities) in developing the organizational structure in Palestinian higher education institutions, while it was found that there is an effect of the following variables (technical capabilities available for using decision support systems, organizational capabilities). Available for the use of decision support systems, the approval of senior management for the use of decision support systems, the training process) in developing the organizational structure in Palestinian higher education institutions. The results confirmed that there were no statistically significant differences at the level (α ≤ 0.05) between the averages of the respondents' opinions about decision support systems and their impact on the development of the organizational structure in Palestinian higher education institutions due to the variable (scientific degree) and the variable (years of service). The research reached a set of recommendations, the most important of which is the need for the higher management of universities to pay attention to decision support systems, and to make intensive and continuous efforts to support and enhance efforts aimed at enriching and enhancing the use of decision support systems in universities. And that universities actively contribute to increasing interest in providing material and technical capabilities and making them available to all users, while continuing to keep pace with modern technological means and techniques. And increasing the interest in the organizational capabilities available through an independent unit of decision support systems that reports directly to the senior management in Palestinian universities, and allowing the organizational structure to easily flow information between different faculties, departments and departments. Focusing on training as a major component of decision support systems, allocating a special budget for training on the systems to be applied, and linking the training system to the workers’ training needs accurately, in order to improve and develop their skills, which increases the quality and efficiency of their performance. He urged universities to involve their employees when designing the organizational structure, by communicating with all colleges and departments and holding brainstorming sessions, workshops and periodic meetings with all departments. (shrink)

The state of the availability of digital resources and institutional compliance to COVID-19 mitigation measures was evaluated by the researchers in this study. Informed by the need to answer two research questions, the study adopted the descriptive survey design. A sample of 409 participants was drawn from a population of 2,410 academic staff at the University of Calabar, leveraging the multistage sampling process. “Availability of digital resources and institutional compliance with COVID-19 mitigation measures questionnaire” was used for (...) data collection. After administration, we recovered 397 copies of the instrument successfully. We used descriptive statistics to answer the research questions. Our findings indicated a great extent in the availability of digital resources such as computers (91.18%), human capacity (63.48%), network printers (67.76%), projectors (59.19%), websites (92.95%), and wireless networks (86.65%). There was a low extent in the availability of digital resources such as local area network (5.79%), cloud storage systems (2.27%), digital libraries (7.56%), firewalls (1.26%), Internet service (48.36%), routers (23.69%), and Zoom videoconferencing platform (23.93%). The unavailability of digital resources such as host/servers (0%) and virtual private networks (0%) in the higher education institution (HEI). Further evidence shows a low extent of institutional compliance with COVID-19 mitigation measures generally and specifically for all indicators. In conclusion, there is a high degree of unreadiness to promote e-learning when flexible learning systems should operate in the institution. Among others, we recommend that the management of the HEI should apportion proceeds from internally generated funds to procure digital resources to increase the institution's capacity to respond to COVID-19 or similar cases in the future. (shrink)

Recent research in the field of social robotics has shed light on the considerable role played by biases in the design of social robots. Cues that trigger widespread biased expectations are implemented in the design of social robots to increase their familiarity and boost interaction quality. Ethical discussion has focused on the question concerning the permissibility of leveraging social biases to meet the design goals of social robotics. As a result, integrating ethically problematic social biases in the (...) design of robots-such as, e.g., discriminatory gender stereotypes-has been opposed as morally unacceptable. Building on this debate, the present paper explores a related but different question: would it be permissible to design social robots in ways that intentionally challenge widespread discriminatory social biases, thus fostering moral education? The analysis shows that, while the potential benefits of such a design strategy could be significant, its practical endorsement raises important ethical issues. Hence, caution and further discussion are advised. (shrink)

The purpose of this study was to examine effective communication management and the performance of tertiary institutions in Cross River State. Three hypotheses were formulated to guide the study. The study adopted a correlational design and was conducted using Cross River State College of Education, Akamkpa as case study. A proportionate stratified random sampling technique was used to select 30 per cent each from a total of 176 academic staff and 215 Non-academic staff in the institution. A total of (...) 53 Academic and 66 Non Academic Staff were selected resulting in a sample of 119 participants. A questionnaire titled Effective Communication Management and Performance of Tertiary Institutions Questionnaire (ECMAPOTIQ), was used as the instrument for data was used as the instrument for data collection. The collected data were analysed and the hypotheses were tested using Chi Square test of tested using Chi Square test of independence at .05 level of significance. The findings revealed that effective communication management has a significant relationship with human relationship, work performance and organizational goal attainment. Based on these findings, it was concluded that effective goal attainment. Based on these findings, it was concluded that effective communication leads to good human relationship, promotes work performance and organizational goal attainment. It was recommended among others that educational managers should make efforts to adopt good communication skills to enable them communicate effectively; workers should adopt proper communication strategies if they are to promote good relationship among co-workers and the managers. (shrink)

This study was designed to determine effects of peer-health-education on sexual health knowledge and attitudes of tertiary institution students in Imo State Nigeria by determining the mean gain scores of sexual health knowledge and attitudes after peer health education. Quasi-experimental (pre-test-post-test) research design was employed. Two hundred students drawn from the University, Polytechnic and College of Education, using a multi-stage sampling technique participated in the peer sessions which were facilitated by trained peer educators. Data were analyzed using ANCOVA and (...) Z-test. Findings revealed improved knowledge and attitudes on sexual health, as depicted by positive mean gain scores. Age group 16 - 20 years had the highest mean gain score ( X = 22.31) of sexual health knowledge than the rest, while age group 26 - 30 years had the highest mean gain score ( X = 10.59) of sexual health attitudes. Males had higher mean gain score ( X = 26.05) of sexual health knowledge, while females had higher mean gain score ( X = 9.77) of sexual health attitudes. The first years (100 level students) had the highest mean gain score ( X = 25.71) of sexual health knowledge and also had the highest mean gain score ( X = 14.12) of sexual health attitudes. Level of study was significant both for knowledge and attitudes (P < 0.01). It is recommended that peer-health-education be explored further as a method of communicating sexual health issues to tertiary institution students and youths generally. (shrink)

The purpose of this paper is to describe how judges engage in constitutional design, irrespective of legal tradition. I examine in great detail the role of the judge: as a conflict solver, as a member of an institution, as part of the political system and as a human being, for those are factors that intervene in the activities he makes. I later analyze the dynamics that a Constitution can have: the change in their structure conceptualized as interpretation, mutation and (...) resistance and their relation. Interpretation is the determination of the scope of a norm, mutation is the change of meaning without amendment and resistance is a concept that bridges the first two, which is the capacity of the constitutional rule to adapt to the political game and to assume mutations. Finally, these concepts are intertwined in order to show how judges by means of their function, (re)design the Constitution by means of adjudication and policymaking (rule issuance by the stating of precedent). (shrink)

'Ghosting' or the unethical practice of having someone other than the student registered in the course take the student's exams, complete their assignments and write their essays has become a common method of cheating in today's online higher education learning environment. Internet-based teaching technology and deceit go hand-in-hand because the technology establishes a set of perverse incentives for students to cheat and institutions to either tolerate or encourage this highly unethical form of behavior. For students, cheating becomes an increasingly attractive (...) option as pre-digital safeguards-for instance, in-person exam proctoring requirements and face-to-face mentoring-are quietly phased out and eventually eliminated altogether. Also, as the punishments for violating academic integrity policies are relaxed, the temptation to cheat increases accordingly. For institutions, tolerating, normalizing and encouraging one type of student cheating, ghosting, improves the profitability of their online divisions by bolstering student enrolments and retention. In universities and colleges across the globe, online divisions and programs have become thriving profit centers, not because of the commonly attributed reasons (student ease, safety during health crises and convenience of taking courses online), but due to a single strategic insight: Ubiquitous opportunities for ghosting improve profit margins and maximize revenue. (shrink)

Which do we conceptualize like Human in opposition to non Human ? The institution of “large shares” or “The Great Divide”, in terms of categories between the Human one and the non Human one, is far from to be always established in various times and Human spaces, such as we generally think it. This apparently natural institution, even expresses, appears after examination much less obviates that we thought it traditionally. For this reason, it constitutes an object of intellectual investigations of (...) choice for many traditional knowledge such anthropology, the history, philosophy, theology, but also for the whole of contemporary sciences. Because, this category institution questions the identity even the EC what we indicate like human, and consequently, like non human. Indeed, about what and which precisely speak us when it is question of Human or the Human ones, about humanity in generic term? What do we seek to describe and qualify under the registers of Human and non Human? Which are the non Human, of the binarism category ones presupposed which institute the registers of conceptual dualism Human/humanity/inhumanity? What do we seek to think in the idea of one “beyond the human one”, which the latter institutes a differentialism between the beings or entities or contrary, seeks with the indifférencier as in certain news of anthropology who challenges any anthropocentrée & humanistic design? Most traditional definitions tend to affirm that this we claim to conceptualize & to subsume under the concept of “Human” constitutes something like a certain exception in the order of the alive one. What is it exactly of this alleged “human exception”? What does it recover precisely? In addition, to answer the interrogation: “That are the non Human ones and which is the human ones? ”, does not have anything manifesto apart from this we can crudely observe and who allows us to or not retain, more or less, certain features of appearance and the behavior. We could also answer in a provocative and relativistic way: “With each one its Human and its non Human, its humanity and its nonhumanity”, according to the configurations which we institute to return account of the whole of the interactions that we let us have or not with our multiple, material & immaterial, visible & invisible environments! There thus do not exist standards which would tend in manner more or less final and universal to govern the uses category of Human and of the Human one. For these reasons, the challenge of our short communication will be to expose presupposed and reasons of such an interest category, conceptual and descriptive fundamentally Human for the non Human one which gives an account of the multiple forms of the institution of human the versus the nonhuman one, while founding, in addition, a whole range of beings or of entities going from the one with the other, thus questioning the imaginary and real bases of our multidimensional assignments in category terms, of identity, anybody, cognitive faculties, various heritages, sensitivity, etc. (shrink)

Purpose: To develop proposals on the directions of institutional support for the processes of creativity of the Ukrainian economy. Design/methodology/approach: The analysis of trends in the creativity of the Ukrainian economy is carried out and proposals are developed for conceptualizing institutional support for these processes. The authors set out to develop proposals for institutional support for creativity processes and offer recommendations for systematic updating of Ukrainian legislation in the areas of state regulation of high-tech business. The (...) information base was the information materials of the State Statistics Service of Ukraine, Ministry of Economic Development and Trade of Ukraine, the statistical databases of the European Commission, OECD and World Bank for the period 2014–2020. The research methodology is based on scientific tools that include comparative analysis and economic and mathematical modeling. Findings: Building a national program of public investment in creative development will allow us to systematically approach the issue of institutional support for technological breakthroughs. Research limitations/implications: Recommendations on the development and improvement of legislative instruments of deregulatory policy, harmonization with European standards are substantiated. Directions of systematic updating of legislation on guaranteeing foreign investment of creative projects and targeted investment of joint research projects of academic science and creative organizations are proposed. The implementation will allow a systematic approach to the issue of institutional support for the technological breakthrough of Ukraine. Originality/value: There is a need to step up institutional activities in the field of organizing research centers, introduce targeted investment in the academic science and research activity of creative organizations. (shrink)

This research examined the management of financial and non-financial resources by Calabar Metropolis’ public secondary school principals in relation to the fulfillment of institutional goals. Null hypotheses were developed based on the two specific objectives guiding the study. The study used the ex-post facto research design under the quantitative research framework. A census approach was adopted in enumerating all the 69 school managers (24 principals and 45 vice principals) in Calabar Metropolis, Nigeria. A validated questionnaire, with a reliability (...) index of .90, was used for data collection. It was shown that there is a considerable association between the management of financial resources by school leaders and the fulfillment of institutional goals. A significant relationship was also established between principals’ management of non-financial resources (such as school libraries, school records and human resources) and the fulfillment of institutional goals in secondary schools. It is argued that to fulfil educational goals, financial and non-financial resources’ management in public secondary schools are critical. Policy and theoretical implications for successful educational management were discussed in light of this result. (shrink)

Abstract: Leadership quality is treated as both a specialized role and a social influence process and today’s business environment requires executives who are able to operate on a global scale. Talent development includes mobility between business units domestically and abroad. It is essential that job shifts and production structure be fundamentally aligned because developing large pool of talent could lead to oversupply and the developed team would simply have no place to go. The study was focused to establish effects of (...) talent development practices on leadership quality of financial sector regulatory institutions in Kenya through explanatory and cross-sectional survey design. A total population of 636 employees in the six financial sector regulatory institutions in Kenya were targeted. Stratified random sampling was embraced thus deriving 127 employees as the sample population. Both primary and secondary data was used where Primary data was collected using questionnaires which was analysed used SPSS software and presented as percentages, frequencies, means, charts and standard deviations. The study established that employee assessment, employee sourcing, leadership grooming and employee development programmes affect leadership quality. Human resource department needs to step up and play a critical role on employees’ talent development. There is need for management to have employee assessment on regular basis as this will help in identifying the skills they have and those they require, hence improving leadership quality. Over and above, the management need to have clear policies on employee assessment, sourcing, development and leadership grooming with an aim of improving. (shrink)

Abstract: The aim of this paper is to establish how academic employees in technical, vocational education and training (TVET) College perceive the effects of psychological contract breach (PCB) in relations to job involvement and citizenship behaviour. Quantitative exploratory research design and a survey instrument were used to collect 170 samples from academic employees in a TVET College to share their perceptions of PCB. The findings confirm a significant (P-value .006) relationship between PCB and job involvement. There is a strong (...) indication that PCB has an effect on job involvement. The findings also revealed that there is a relationship between PCB and organisational citizenship behaviour. However, it is not significant since the (P-value was .119) in the regression analysis. These results are a consequence of academics not feeling a significant PCB, which might have explained better the relationship between PCB and organisational citizenship behaviour. Significantly, the paper established TVET College academics has a stable employer-employee relationship since there is minimal PCB. (shrink)

Proponents of epistocracy worry that high levels of voter ignorance can harm democracies. To combat such ignorance, they recommend allocating comparatively more political power to more politically knowledgeable citizens. In response, some recent critics of epistocracy contend that epistocratic institutions risk causing even more harm, since much evidence from political psychology indicates that more politically knowledgeable citizens are typically more biased, less open-minded, and more prone to motivated reasoning about political matters than their less knowledgeable counterparts. If so, perhaps epistocratic (...) institutions will perform worse epistemically than corresponding democratic institutions. Call this 'the problem of epistocratic irrationality'. This paper argues that the problem of epistocratic irrationality can be overcome. First, I argue that critics of epistocracy have overlooked several complications regarding the psychological data they claim shows that more knowledgeable citizens are less politically rational. Second, I argue that appropriately designed epistocratic institutions could overcome the problem of epistocratic irrationality even if such critics have interpreted the data correctly. I first explore whether refined selection mechanisms could allow epistocrats to avoid empowering less rational citizens, before assessing the prospects of implementing only those epistocratic institutions with a solid track record of reliable performance. (shrink)

The public interest in the administration of justice requires access to justice for all. But access to justice must be “meaningful” access. Meaningful access requires procedures, processes, and institutional structures that facilitate communication among participants and decision-makers and ensure that judges and other decision-makers have the resources they need to render fully informed and sound decisions. Working from that premise, which is based on a reconceptualization of the objectives and methods of the justice process, the author proposes numerous specific (...) changes in decision-making processes and practices. These changes are required to achieve a standard of decision-making that is consistent with the public interest in the administration of justice within a constitutional framework under the social and political conditions of the early 21st century. The essay illustrates the application of the principles and methods of legitecture to analysis of problems of institutional design in law. (shrink)

There is a substantial class of collective decision problems whose successful solution requires interdependence among decision makers at the agenda-setting stage and independence at the stage of choice. We define this class of problems and describe and apply a search-and-decision mechanism theoretically modeled in the context of honeybees and identified in earlier empirical work in biology. The honeybees’ mechanism has useful implications for mechanism design in human institutions, including courts, legislatures, executive appointments, research and development in firms, and basic (...) research in the sciences. Our paper offers a fresh perspective on the idea of “biomimicry” in institutional design and raises the possibility of comparative institutional analysis across species. (shrink)

Resources for Feminist Research, Vol. 3, No. 4, pp. 44-45, 1985 In this brief article, written in 1984 and published the following year, Lucinda Vandervort sets out a comprehensive agenda for enforcement of sexual assault laws in Canada. Those familiar with her subsequent writing are aware that the legal implications of the distinction between the “social” and “legal” definitions of sexual assault, identified here as crucial for interpretation and implementation of the law of sexual assault, are analyzed at length in (...) “Mistake of Law and Sexual Assault: Consent and Mens Rea” (1986), published at (1987-88) 2(2) Canadian Journal of Women and the Law, 233 309. In that article the author argued that most mistakes about consent are not mistakes about a “fact” that may sometimes negative mens rea, but are actually mistakes about the law that afford accused no excuse under either Canadian common law or statutory criminal law. She argued further that consent must be interpreted as “voluntary agreement” and must be affirmatively and unequivocally communicated in order to operate as an effective waiver of a person’s legal right to be free from interference with his or her bodily integrity. That article was a central reference point in the consultations leading to the 1992 amendments to the sexual assault provisions in the Canadian Criminal Code and in some key decisions by the Supreme Court of Canada in sexual assault cases in the 1990’s. As a result of a gradual transformation of theoretical analysis of the law of mens rea and consent in Canada, culpable awareness is now understood by many jurists and criminal law theorists quite differently than it was twenty-five years ago. As Vandervort acknowledged in her 1984 Agenda for Action, however, clarity in legal theory and legal doctrine is no guarantee of how sexual assault laws will operate in practice. Theory and practice, doctrine and its implementation, often diverge. This phenomenon is still seen in some decisions taken at the trial, pre-trial, and pre-charge stages in sexual assault cases. Police, prosecutors, and many trial judges, like accused, may often be influenced by traditional attitudes about sexual consent and mistaken about the law of consent. Accordingly, in her recent work Vandervort re-visits and re-examines the exercise of discretion by police, prosecutors, and the judiciary. An example is her 2009 article “Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in R. v. Edmondson, Kindrat and Brown” in Sexual Assault Law, Practice & Activism in a Post-Jane Doe Era, edited by Elizabeth Sheehy (Ottawa: University of Ottawa Press, 2012). In this and some of her other recent work, the distinctions between social and legal norms and questions of fact and law, previously analyzed with the objective of clarifying the law, are used to control the effects of social ignorance and partiality in the handling of sexual assault complaints by decision-makers in the criminal justice system at trial and pre-trial. Lucinda Vandervort’s published and unpublished legal and philosophical writings on sexual assault and sexual assault law illustrate the development of a socio-legal scholar’s “Agenda for Action” into a principled, pragmatic, open-ended exercise in “institutional design.” Across two centuries, from the revolutionary era of the 18th century to the present, other radical egalitarians would recognize both the impetus for the project and many features of the political and cultural resistance to it. (shrink)

In this review, I outline Lærke's interpretation of Spinoza's freedom of philosophizing as a rich, positive freedom, encompassing but extending far beyond mere legal permission for free expression. Lærke's book takes on the challenge to explain how such freedom is to be brought about. I suggest that Lærke's reconstruction overlooks a central plank of Spinoza's approach: the role of good institutional design in supporting freedom. The longer version is the original author submission; the shorter version was trimmed on (...) the journal's request. (shrink)

In this article, I assess the prospects for the limitarian thesis that someone has too much wealth if they exceed a specific wealth threshold. Limitarianism claims that there are good political and/or ethical reasons to prevent people from having such ‘surplus wealth’, for example, because it has no moral value for the holder or because allowing people to have surplus wealth has less moral value than redistributing it. Drawing on recent literature on distributive justice, I defend two types of limitarian (...) principles of justice. First, limitarian midlevel principles draw on the limitarian thesis to specify normative commitments for guiding institutional design and individual actions. Second, the limitarian presumption draws on that thesis to specify what a just allocation of wealth requires under epistemic constraints. Such a presumption says that without substantive reasons to the contrary, we should regard a distribution as unjust if some people’s wealth exceeds the limitarian threshold. Furthermore, I will argue that we must reject a possible but implausible interpretation of limitarianism as an ideal distributive pattern. Yet both as a midlevel principle and as a presumption, limitarianism can play an important role in theorizing about justice in the real world. (shrink)

My aim in this chapter is to push back against the tendency to emphasize Mill’s break from Bentham rather than his debt to him. Mill made important advances on Bentham’s views, but I believe there remains a shared core to their thinking—over and above their commitment to the principle of utility itself—that has been underappreciated. Essentially, I believe that the structure of Mill’s utilitarian thought owes a great debt to Bentham even if he filled in that structure with a richer (...) conception of human nature and developed it in more liberal directions. This commonality is revealed, in particular, in Mill’s own institutional designs and practical reform proposals in Considerations on Representative Government and related writings. If this is right, then the tendency of interpreters to highlight their differences rather than their similarities has been to the detriment of both Mill and Bentham scholarship, and so to our understanding of the rise of liberal utilitarianism. (shrink)

When we participate in political debate or protests, we are judged by how we look, which clothes we wear, by our skin colour, gender and body language. This results in exclusions and limits our freedom of expression. The Politics of Becoming explores radical democratic acts of disidentification to counter this problem. Anonymity in masked protest, graffiti, and online de-bate interrupts our everyday identities. This allows us to live our multiple selves. In the digital age, anonymity becomes an inherent part of (...) everyday communication. Through our smart devices we express our selves differently. As cyborgs, our identities are disrupted and reassembled. We curate self-representations on social media, create avatars, share selfies and choose the skin colour of our emojis. The Politics of Becoming encourages us to engage in a revolution of the self. Democratic pluralism is not only a matter of institutional design but also about how we express our identities. Inner revolutions change our personal realities and plant a seed for democratic futures. (shrink)

In this article, I assess the prospects for the limitarian thesis that someone has too much wealth if they exceed a specific wealth threshold. Limitarianism claims that there are good political and/or ethical reasons to prevent people from having such ‘surplus wealth’, for example, because it has no moral value for the holder or because allowing people to have surplus wealth has less moral value than redistributing it. Drawing on recent literature on distributive justice, I defend two types of limitarian (...) principles of justice. First, limitarian midlevel principles draw on the limitarian thesis to specify normative commitments for guiding institutional design and individual actions. Second, the limitarian presumption draws on that thesis to specify what a just allocation of wealth requires under epistemic constraints. Such a presumption says that without substantive reasons to the contrary, we should regard a distribution as unjust if some people’s wealth exceeds the limitarian threshold. Furthermore, I will argue that we must reject a possible but implausible interpretation of limitarianism as an ideal distributive pattern. Yet both as a midlevel principle and as a presumption, limitarianism can play an important role in theorizing about justice in the real world. (shrink)

In this paper, I introduce the emerging theory of judgment aggregation as a framework for studying institutional design in social epistemology. When a group or collective organization is given an epistemic task, its performance may depend on its ‘aggregation procedure’, i.e. its mechanism for aggregating the group members’ individual beliefs or judgments into corresponding collective beliefs or judgments endorsed by the group as a whole. I argue that a group’s aggregation procedure plays an important role in determining whether (...) the group can meet two challenges: the ‘rationality challenge’ and the ‘knowledge challenge’. The rationality challenge arises when a group is required to endorse consistent beliefs or judgments; the knowledge challenge arises when the group’s beliefs or judgments are required to track certain truths. My discussion seeks to identify those properties of an aggregation procedure that affect a group’s success at meeting each of the two challenges. (shrink)